The Federal High Court in Abuja has struck out a N50 billion human rights violation suit filed by Nnamdi Kanu, leader of the banned Indigenous People of Biafra (IPOB), against the Federal Government. The case was dismissed on the 10th of April, 2025 by Justice Inyang Ekwo, due to what the court described as a lack of diligent prosecution.
Justice Ekwo explained that when the matter was called up for hearing, neither Kanu nor any legal representative appeared in Court. Surprisingly, the Federal Government was also not represented. The Judge noted that this was not the first time such had occurred. Kanu’s legal team had failed to appear in court during the previous sitting, even though the Government was present on that occasion. Given that the matter had already been adjourned three times for similar reasons, the Court had no choice but to strike it out.
The lawsuit, marked FHC/ABJ/CS/462/2022, was one of Kanu’s attempts to challenge what he called the unlawful manner of his arrest and transfer to Nigeria. He alleged that he was kidnapped in Kenya and illegally transferred to Nigeria without due legal process. He asked the Court to determine whether this action violated Nigeria’s domestic laws and international human rights obligations, specifically pointing to Article 12(4) of the African Charter on Human and Peoples’ Rights and Section 15 of the Extradition Act.
In the suit, Kanu requested 11 reliefs, including an order for his immediate release from the custody of the Department of State Services (DSS), and an end to his ongoing criminal prosecution in a separate case (FHC/ABJ/CR/383/2015) before Justice Binta Nyako. He also demanded N100 million in compensation as the cost of the legal action. Although, the headline claim was for N50 billion in damages.
Kanu’s central legal argument was that he could not be tried for the charges listed in the amended 15-count charge because they were not the offences for which he was allegedly extradited. This is a crucial point under extradition law, which generally requires that a person can only be tried for offences agreed upon during the extradition process, a principle often referred to as the “rule of specialty.”
However, the Federal Government, through the Attorney-General of the Federation (AGF), opposed the suit, filing a preliminary objection on June 27, 2022. The Government’s position was that the lawsuit amounted to an abuse of Court process. According to the AGF, Kanu had already initiated a similar legal action before the Federal High Court in Umuahia (case no. FHC/UM/CS/30/2022), involving the same parties and similar claims. As such, the government argued, the Abuja court lacked the jurisdiction to entertain a matter that was essentially already being litigated elsewhere.
The case also suffered delays due to issues with Kanu’s legal representation. Initially, Chief Mike Ozekhome (SAN) filed the case on April 7, 2022. But later, Aloy Ejimakor, another member of Kanu’s legal team, filed a notice to take over the case. The apparent transition between Lawyers and repeated absence in court likely contributed to the Court’s decision to strike out the suit.
The dismissal of the case does not amount to a judgment on its merits, meaning Kanu could potentially refile the suit if proper procedures are followed. However, the development marks yet another legal setback for the embattled separatist leader, whose detention and trial continue to stir controversy both locally and internationally.
