On Monday, the Abuja Division of the Federal High Court adjourned until April 22 a N50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the federal government.

Justice Inyang Ekwo adjourned the matter after Aloy Ejimakor, the lawyer who appeared for Mr Kanu, informed the court that he had just filed a notice for a change of counsel.

Mr Ejimakor told the court that he would take over the case from Mike Ozekhome, SAN, who filed the suit on April 7, 2022.

Mr Ekwo directed the lawyer to find out if a similar matter was not before any sister court or other courts pending or if a judgment had not been delivered in a similar suit.

The judge, who observed that no counsel appeared for the defendants, ordered that a hearing notice be issued and served on them against the next adjourned date.

Mr Kanu had sued the Federal Republic of Nigeria (FRN) and the Attorney-General of the Federation (AGF) as the first and second defendants in the suit marked FHC/ABJ/CS/462/2022.

The IPOB leader, who sued the defendants over allegations bordering on violations 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.”

Notably, 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.”

Mr Kanu 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 one 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.”

He 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 Service’s (SSS) custody.

He is also seeking an order restraining the defendants from taking any 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 the sum of N100 million “as the cost of this action.”

But in a notice of preliminary objection dated June 6, 2022, and filed June 27, 2022, the FRN 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 this suit an abuse of court process that deprived the court of the jurisdiction to entertain the instant suit.

(NAN)