The absence of Justice Inyang Edem Ekwo of a Federal High Court in Abuja on Monday stalled an N50b suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government......Read The Full Article>>.....Read The Full Article>>
The matter, initially fixed for Monday (today), could not proceed as Justice Ekwo was sitting in another division of the court.
The case was therefore fixed for February 11, 2025 for further mention.
Recall that Aloy Ejimakor took over from Chief Mike Ozekhome, a Senior Advocate of Nigeria, who filed the suit on April 7, 2022, as counsel for Kanu in the case.
Kanu had sued the Federal Republic of Nigeria for human rights violation following his “kidnap” from Kenya to Nigeria to stand trial.
The suit marked FHC/ABJ/CS/462/2022 had the Federal Government and the Attorney-General of the Federation (AGF) as 1st and 2nd defendants.
Kanu asked 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 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, which are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria”.
The IPOB leader also wants the court to rule on “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the defendants have the enabling powers to detain the plaintiff or subject him to be tried on charges later amended after he was extraordinarily renditioned to Nigeria”.
Kanu therefore sought the following reliefs: “A declaration that the plaintiff’s abduction and extraordinary rendition to Nigeria without being subjected to extent extradition proceedings/hearing in Kenya where he was abducted, is a clear violation of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A9, LFN 2004.
“A declaration that the detention and continued detention of the plaintiff on the strength of an amended charge filed after his extraordinary forceful rendition to Nigeria, are illegal, ultra vires the powers of the defendants and a violation of the 1st defendant’s rights under Nigerian municipal laws, African Charter on Human and Peoples Rights, International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture, its operational protocol, and constitutional rights of the Plaintiff; and the UN Declaration of Human Rights (UDHR), 1948.
“A declaration that the forcible abduction of the plaintiff in Kenya on the 19th of June, 2021, and his consequent forcible extraordinary rendition to Nigeria without due compliance with extant laws, were done in blatant breach of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP, A9, LFN 2004, Section 15 of the Extradition Act CAP E25, Laws of the Federation of Nigeria 2004, Part 5 (A) (Transfer of Individuals) Principles and Guidelines on Human and Peoples Right while countering terrorism in Africa; and Article 13 of the UDHR, 1948.
“A declaration that the plaintiff shall not be subjected to any form of criminal trial or further detention upon his illegal and unlawful rendition to Nigeria, particularly with reference to the newly introduced amended charge filed in Charge No: FHC/ABJ/CR/383/2015, between F.R.N. V. Nnamdi Kanu, after he was illegally, forcibly and unlawfully renditioned to Nigeria.
“A declaration that pursuant to Article 12(4) of the African Charter on Human & Peoples Right (Ratification and Enforcement) Act, CAP A9 LFN 2004, the forcible abduction, expulsion or extraordinary rendition of the plaintiff from Kenya to Nigeria by the defendants without a decision taken in accordance with the laws of Kenya is illegal, unlawful, wrongful, unconstitutional and amounts to a gross violation of the international humanitarian rights of the plaintiff.”
Kanu asked the court to order his release from DSS custody, and issue an order restraining the federal government from taking any further step to prosecute him over “criminal charge no: FHC/ABJ/CR/383/2015, currently pending before Court No. 2, Federal High Court, Abuja”.
Kanu also asked the court to award the sum of N100m to him “as the cost of this action”.
But in a notice of preliminary objection dated June 6, 2022, filed June 27, 2022, the Federal Government and AGF prayed the court to dismiss the suit, describing it as “an abuse of court process”.
The defendants argued that Kanu had earlier filed suit on similar grounds before the Umuahia division of the Federal High Court 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 the suit as an abuse of court process.
