The Federal High Court in Abuja has struck out a ₦50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government of Nigeria.

Delivering the ruling on Thursday, April 10, Justice Inyang Ekwo dismissed the case on grounds of lack of diligent prosecution. When the matter was called, neither Kanu nor legal representatives from both parties were present in court.

Justice Ekwo noted that at the previous hearing, there was no appearance from Kanu’s legal team, although the Federal Government was represented. He cited repeated adjournments without progress and concluded that the suit lacked sufficient follow-up, prompting the court to strike it out.

The suit, FHC/ABJ/CS/462/2022, was instituted against the Federal Republic of Nigeria and the Attorney General of the Federation as first and second respondents, respectively. Kanu alleged that his arrest and return from Kenya amounted to extraordinary rendition and a violation of his fundamental human rights.

The legal challenge was rooted in claims that Kanu’s abduction and transfer to Nigeria were inconsistent with the country’s obligations under international law, specifically Article 12(4) of the African Charter on Human and Peoples’ Rights and Section 15 of the Extradition Act, Cap E25, Laws of the Federation of Nigeria 2004.

Kanu also argued that the charges in his ongoing trial—counts 1 to 14 of an amended 15-count indictment—were not the same offenses for which he was allegedly renditioned to Nigeria, raising concerns over the legality of the process.

Among the 11 reliefs sought, Kanu demanded:

  • His immediate release from the custody of the Department of State Services (DSS)

  • An order halting further prosecution in the ongoing criminal trial (FHC/ABJ/CR/383/2015)

  • ₦100 million in compensation as the cost of the suit

However, the Federal Government, through a preliminary objection filed in June 2022, urged the court to dismiss the case, arguing it was an abuse of court process. They pointed out that Kanu had already filed a similar suit at the Federal High Court in Umuahia (FHC/UM/CS/30/2022) involving the same parties and facts, which, they argued, stripped the Abuja court of jurisdiction.

During earlier proceedings, Kanu’s counsel, Aloy Ejimakor, informed the court of his intention to formally take over the case from Chief Mike Ozekhome (SAN), who had initially filed the suit in April 2022.

With the latest ruling, the ₦50 billion lawsuit has now been officially struck out, marking another setback in Kanu’s legal efforts to challenge the Nigerian government.