The N50 billion lawsuit filed by
the embattled leader of the proscribed Indigenous People of Biafra
(IPOB), Mazi Nnamdi Kanu, against the Federal Government has
been adjourned by the Federal High Court in Abuja.
JUST LIBERATION NEWS understands that the adjournment came after the IPOB leader’s
lawyer, Aloy Ejimakor, informed the court that he had filed a
notice for a change of counsel.
Ejimakor stated that he would be taking over the case from
Chief Mike Ozekhome (SAN), who is said to have filed the suit on April 7, 2022.
The presiding judge, Justice Inyang Ekwo, however,
instructed Ejimakor to ascertain if a similar matter was pending before any
sister court or if a judgment had been delivered in a similar suit.
Notably, no counsel appeared for the defendants on Monday,
prompting the judge to order the issuance and service of a hearing notice on
them for the next adjourned date.
Justice Ekwo subsequently announced April 27 for further
hearing of the suit.
Nnamdi Kanu’s Suit against FG
In the case with reference number FHC/ABJ/CS/462/2022, Kanu
has filed a lawsuit against the Federal Republic of Nigeria (FRN) and the
Attorney-General of the Federation (AGF) as the first and second defendants.
The basis of his lawsuit revolves around the alleged infringement of his
rights. Kanu claims that he was unlawfully taken from Kenya and forcibly
returned to Nigeria for the purpose of facing trial.
Kanu is seeking the court’s intervention to ascertain whether
the manner in which he was abducted in Kenya and subsequently transported to
Nigeria aligns with the existing laws and regulations.
Particularly, he cited “the provisions of Article 12 (4)
of the African Charter on human and people’s 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 is also requesting the court to determine whether he can
be legally tried for the offences stated in counts 1 to 14 of the 15-count
amended charge. He argues that these counts do not align with the offences for
which he was brought to Nigeria.
In his legal petition, the leader of IPOB is seeking various
reliefs, including his release from the custody of the Department of State
Services (DSS). He is also seeking an order to prevent the defendants from
proceeding with the prosecution of criminal charge no: FHC/ABJ/CR/383/2015,
which is currently being heard by Justice Binta Nyako in a sister court.
Furthermore, Kanu is requesting the court to award him the
sum of N100 million as compensation for the expenses incurred in pursuing this
legal action.
Meanwhile, the Federal government and the Attorney General of
the Federation had in a notice of preliminary objection dated Jun 6, 2022, but
filed June 27, 2022, prayed the court to dismiss the suit, describing it as “an
abuse of court process.”
The defendants put forth a single argument, contending that
Kanu had previously filed a lawsuit with identical facts in a Federal High
Court, Umuahia Division.
Additionally, they asserted that both defendants were
involved in that particular lawsuit.
As per the defendants’ perspective, this renders the current
lawsuit an abuse of the court process, thereby depriving the court of its
jurisdiction to hear the present case.
Comments:
Leave a Reply