Court strikes out Nnamdi Kanu’s suit against FHC Chief Judge, Registrar

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A Federal High Court in Abuja struck out a suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Chief Judge and the court’s Chief Registrar.


In a ruling on Friday, Justice Inyang Ekwo struck out the suit following an oral application by Kanu’s counsel, Ifeanyi Ejiofor to withdraw the suit.


At the mention of the case on Friday, Kanu’s lawyer, Ifeanyi Ejiofor told the that his client was willing to withdraw the case.


Kanu had filed the suit marked: FHC/ABJ/CS/550/22 to challenge the legality of the Federal High Court Practice Directions on the Trial of Terrorism Cases, 2022, arguing it is unconstitutional, ultra vires and invalid.


Meanwhile the Federal Government has has urged Justice Ekwo to dismiss a sister suit marked: FHC/ABJ/CS/462/22 dated April 6 but filed April 7 by Kanu’s lawyer, Chief Ozekhome, for being incompetent.


The fundamental rights suit has the Federal Republic of Nigeria and the Attorney-General of the Federation, Abubakar Malami as respondents.


Kanu is praying the court for mong others, a declaration that pursuant to Article 12(4) of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act, CAP A9 LFN 2004, his forcible abduction, expulsion or extraordinary rendition from Kenya to Nigeria by the defendants without a decision taken in accordance with the laws of Kenya is illegal, unlawful, wrongful, unconstitutional and amounts to a gross violation of the international Humanitarian Rights of the Plaintiff.


In a counter affidavit filed on May 31 and violently accosted and brutally abducted Kanu in Kenya, nor handcuffed, blindfolded and bundled him into any vehicle and sped away as alleged.


“Upon his interception, the security agents of the defendants took the plaintiff to their security facility where he was informed of the need for him to be taken back to Nigeria to go and continue facing his criminal trial,” they said.


They added that Kanu was not entitled to be shown any warrant of arrest or warrant of extradition on the ground that his entry into Kenya was not lawful but an attempt to escape or hide from Justice over a criminal trial which he has already been facing here in Nigeria prior to his attempted escape from justice.


The respondents said that after his interception, Kanu was neither beaten nor tortured by the security agents.


They stated that Kanu’s interception and return to Nigeria did not amount to extraordinary rendition as claimed.


When the case was mentioned, Ejiofor, who appeared for Kanu, informed the court that he has filed a motion seeking for an extension of time.

Lawyer to the FG, Simon Enoch did not oppose the motion, following which the judge granted it as prayed.


Justice Ekwo adjourned the matter until Dec. 14 for hearing.


Daybreak News 

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