A Federal High Court in Abuja has adjourned a N50 billion suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government to April 27 for further mention.
Justice Inyang Ekwo adjourned the matter on Monday after Kanu’s lawyer, Aloy Ejimakor, indicated a change of counsel, taking over from Chief Mike Ozekhome, SAN, who initially filed the suit on April 7, 2022.
Justice Ekwo directed Ejimakor to ensure that a similar matter is not pending or already adjudicated upon in any other court.
Notably, no counsel appeared for the defendants during this hearing, leading the judge to order that a hearing notice be served to them for the next date.
He wants the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”
Particularly, he cited “the provisions of Article 12 (4) of the African Charter on human and peoples rights (ratification and enforcement) Act Cap A9 laws of the Federation of Nigeria, 2004, and Article/Part 5 (a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa.”
Kanu also wants the court to determine “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge in charge number FHC/ABJ/CR/383/2015 between Federal Republic of Nigeria v. Mazi Nnamdi Kanu.”
He said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.”
In the originating summons, the IPOB leader is seeking 11 reliefs, including an order for his release from Department of State Services (DSS)’ custody.
He is also seeking an order restraining the defendants from taking any further step to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by Justice Binta Nyako.
Kanu also asked the court to award the sum of N100 million to him “as the cost of this action.”
But in a notice of preliminary objection dated Jun 6, 2022, but filed June 27, 2022, the FRN and AGF prayed the court to dismiss the suit, describing it as “an abuse of court process.”
Giving one ground of argument, the defendants argued that Kanu had filed an earlier suit with similar facts before a Federal High Court, Umuahia Division in suit number: FHC/UM/CS/30/2022.
They further argued that the two defendants were parties in the suit.
According to the defendants, this renders this suit as an abuse of court process that deprived the court of the jurisdiction to entertain the instant suit. (NAN)
