The Federal High Court sitting in Abuja has adjourned a suit filed by the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, against the Federal Government until April 22, 2024, for its next hearing. In the suit marked FHC/ABJ/CS/462/2022 Kanu alleged that FG kidnapped him from Kenya and forcefully brought him to Nigeria to face a court trial. He also demanded that the court should direct the Department of States Services to release him unconditionally from its custody.
Kanu is claiming damages of N50bn naira against the federal government for trampling on his fundamental Human right through abducting him.
The IPOB leader further prayed the court for the following; “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 the Federal Republic of Nigeria v. Mazi Nnamdi Kanu.
“Whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily rendition to Nigeria is consistent with extant laws.”
Above all, 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.”
However, in the preliminary objection filed by the FG and AGF, the duo described Kanu suit as an abuse of the court process, demanding that the court to throw away the case.
They cited that Kanu had filed an earlier suit with similar facts before a Federal High Court in Umuahia.
During the court proceedings on today Monday, Aloy Ejimakor, a Lawyer informed the court that he had taken over the case from Mike Ozekhome (SAN).
Meanwhile, the preciding judge, Justice Inyang Ekwo, directed the Ejimakor to find out if a similar case has not being filed before a sister court or if a judgment had been delivered in a similar suit elsewhere.
Though the defendants were absent in the court during the hearing today, however, the judge has ordered that a hearing notice be issued to them.