The absence of Justice Inyang Ekwo of the Abuja Division of the Federal High Court on Monday stalled the N50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the federal government.
The matter, fixed for Monday, could not proceed because Mr Ekwo was on official engagement. The judge was said to be sitting in another division of the court.
The case was subsequently fixed for February 11, 2025, for further mention.
In one of the proceedings, Mr Kanu’s lawyer, Aloy Ejimakor, had told Mr Ekwo that he had filed a notice for a change of counsel.
Mr Ejimakor told the court that he would be taking over the case from Mike Ozekhome (SAN), who filed the suit on April 7, 2022.
Mr Kanu had sued the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as first and second defendants in the suit marked FHC/ABJ/CS/462/2022.
The IPOB leader, 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.”
Mr Kanu 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.”
He 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.
The separatist leader said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.”
In the originating summons, the IPOB leader seeks 11 reliefs, including an order for his release from the State Security Services (SSS)’ custody.
He is also seeking an order restraining the defendants from taking further steps to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by Justice Binta Nyako.
Mr Kanu also asked the court to award him N100 million “as the cost of this action”.
However, 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 Mr Kanu had filed an earlier suit with similar facts before the Abia 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 an abuse of the court process that deprived the court of the jurisdiction to entertain the instant suit.
(NAN)