The Federal High Court in Abuja has adjourned the N50 billion lawsuit filed by Mazi Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.
The adjournment occurred after Kanu’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 filed the suit on April 7, 2022.
The presiding judge, Justice Inyang Ekwo, instructed Ejimakor to confirm if a similar matter was pending before another court or if a judgment had been delivered in a similar suit.
No counsel appeared for the defendants on Monday, leading the judge to order the issuance and service of a hearing notice for the next adjourned date.
Justice Ekwo subsequently scheduled April 27 for further hearing of the suit.
In 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). He claims that his rights were violated when he was taken from Kenya and brought back to Nigeria against his will, with the intention of facing trial.
Kanu is asking the court to determine if the way he was abducted in Kenya and brought to Nigeria was in accordance with the laws and regulations.
Particularly, 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 is asking the court to determine if he can be legally tried for the offenses listed in counts 1 to 14 of the amended charge, and he argues that these counts do not match the offenses 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 also wants an order to stop the defendants from continuing with the prosecution of criminal charge no. FHC/ABJ/CR/383/2015, which is currently being heard by Justice Binta Nyako in another court.
Additionally, Kanu is asking the court to award him N100 million as compensation for the expenses he has incurred in pursuing this legal action.
Meanwhile, the Federal government and the Attorney General of the Federation have filed a notice of preliminary objection on June 6, 2022, but it was officially filed on June 27, 2022. They have requested that the court dismiss the lawsuit, claiming that it is an “abuse of court process.”
The defendants have presented a single argument, stating that Kanu had previously filed a lawsuit with the same facts in a Federal High Court in Umuahia Division. They also argue that both defendants were involved in that particular lawsuit.
According to the defendants, this makes the current lawsuit an abuse of the court process, which means that the court does not have the authority to hear the case.