Court strikes out Nnamdi Kanu’s N50bn suit against FG

Naijamerit April 10, 2025 0 Comments


Kanu raises alarm, alleges tricks by FG to perpetually hold him down Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has drawn attention to what he described as serial executive and judicial fraud being perpetrated against him since his extraordinary rendition in 2021. In an open letter addressed to Nigerians yesterday, Kanu said: ‘’In a judgment entered on March 1, 2017, the Federal High Court, Abuja, ruled that the ‘IPOB is not an unlawful group’. At the time, it received widespread publicity which can be verified. ‘’This landmark ruling (made by the court before it turned unjust) emanated in a criminal proceedings that required ‘proof beyond reasonable doubt’ and in which the federal government and my humble self presented our respective cases. ‘’Alas! Instead of the federal government to go on appeal as the law mandated (if they are dissatisfied with the judgment), the former Attorney-General (Abubakar Malami) went behind closed doors with a letter signed by late Abba Kyari and got IPOB proscribed/tagged a terrorist group in an ex parte proceedings that conducted without notice to me or to the IPOB. ‘’This abominable incident was the earliest sign yet that the government and its judiciary have struck an unholy and fraudulent alliance to deny me my rights and thereby imperil the life and liberty of millions who identity with IPOB. ‘’On October 26, 2022, a Federal High Court declared my extraordinary rendition and detention as unconstitutional, stating that: ‘the manner of arrest and detention of the Applicant (Mazi Nnamdi Kanu) in Kenya, his continued detention in Abuja, his subjection to physical and mental trauma by the Respondents, the inhuman and degrading treatment meted out to the Applicant amounts to a brazen violation of the Applicant’s fundamental right to dignity of his person and threat to life under Section 34 (1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).’ ‘’The court further ordered the federal government to apologize to me and pay me compensation. In a responsible society and well-ordered, run by a responsible government, this judgment is sufficient to have ended my lengthy detention and encourage the federal government to constructively engage me on the issue of the self-determination agitation that triggered this whole saga. ‘’Pedal back to October 13, 2022, when the Court of Appeal held that: ‘The courts must never shy away from calling the executive to order when they resort to acts of ‘executive lawlessness.’ ‘’The duty of the courts is to maintain a balance between ensuring that law and order is obeyed and the protection of the individual from oppressive actions by the executive. ‘’By the forcible abduction and extraordinary rendition of the Appellant (Mazi Nnamdi Kanu) from Kenya to this country on the 27th day of June 2021, in violation of international and state laws, the lower court or, indeed, any court in this country is divested of jurisdiction to entertain charges against the Appellant’. ‘’Despite the clarity of this judgment and its comportment with reason, the federal government refused to release me from detention while it went behind closed doors and connived with three other justices of the court of appeal who fraudulently and swiftly sat on appeal over the judgment and practically destroyed it by issuing what they termed ‘a stay of execution’. ‘’One may then ask: Is it not abominable for a court to stay a judgment the government already disobeyed? In a plethora of cases, the Supreme Court has held that anybody who disobeys a related court order cannot be given any judicial relief until such order is obeyed. ‘’This is a sound reasoning that applied to everybody but is fraudulently overlooked when it comes to my case. Fast forward to 15th December 2023 when the Supreme Court sent back my case to the Federal High Court for trial. ‘’For avoidance of doubt, that was not the only decision the Supreme Court made. It also decided that my bail should not have been revoked and it went on to state clearly that the judge exhibited significant and unacceptable bias by revoking my bail. ‘’In a sane society, one would expect that when the High court received my case from the Supreme Court and hankered down for trial, it was also duty-bound to restore my bail in line with the pronouncement of the apex court. ‘’But that did not happen. Why? Well, your guess is as good as mine and that is: the Court connived with the federal government to continue my detention in violation of Section 287 of the Nigerian Constitution. ‘’On September 24, 2024, I decided that I have had enough of taking my chances at getting justice from a judge that, in June 2021, sent me to secret police detention without fair hearing, later refused to transfer me to prison to better prepare for my trial and capped it all by refusing to restore my bail and instead ordering an accelerated trial in the face of the reality that I will never get a fair trial whilst detained at the DSS. ‘’These are the major reasons that compelled me to request recusal of the judge and having consented to it, she proceeded to make an order removing herself from my case. That order was never challenged on appeal; thus it remains extant to this day. ‘’But instead of the Chief judge of the Federal High Court to do the lawful thing by assigning my case to another judge, he connived with the federal government to eat crow and send my case to a judge that stands recused by a valid order. ‘’To conclude this open letter, let me make it clear that it should in no way be construed to mean that there are no decent judges in Nigeria that can be trusted to deliver even-handed justice in my case. That is not the issue. ‘’Instead, the issue is that my case is deliberately being shielded from judges and justices that are deemed to be committed to doing justice, even when it means that the federal government must lose. ‘’Be that as it may, if it will take the rest of my life in detention to produce me before a proper and impartial court, so be it. But let me say this for the world to know: I will not succumb to any trial conducted by any judge or court whose jurisdiction does not pass constitutional muster. Not now, not ever.’’

The Federal High Court in Abuja on Thursday, struck out a N50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.

Justice Inyang Ekwo, in a ruling, struck out the suit for lack of diligent prosecution.

When the matter was called on Thursday, neither Kanu nor the Federal Government was represented by any lawyer.
Justice Ekwo observed that in the last adjourned day, while no lawyer was in court for the IPOB leader, the Federal Government was represented in court by a counsel.

The judge, who said that the case had taken three adjournments due to no representation, consequently struck out the case.

The News Agency of Nigeria (NAN) reports that Kanu had sued the Federal Republic of Nigeria and Attorney-General of the Federation (AGF) as 1st and 2nd defendants in the suit marked: FHC/ABJ/CS/462/2022.

Kanu, who sued the defendants over allegations bordering on violation of his rights, alleged that he was kidnapped from Kenya and brought back to Nigeria to stand trial.

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.”

Specifically, 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.

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 June 6, 2022, but filed June 27, 2022, the Federal Government 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 earlier reported that Aloy Ejimakor had, in one of the proceedings, told Justice Ekwo that he had filed a notice for a change of counsel.

Ejimakor told the court that he would be taking over the case from Chief Mike Ozekhome, SAN, who filed the suit on April 7, 2022.

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