ENUGU, Nigeria (VOICE OF NAIJA)- A Federal High Court sitting in Abuja has struck out a suit filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the Chief Judge and the court’s Chief Registrar.
In a ruling, 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 told the court that his client was willing to withdraw the case.
The IPOB leader ( Plaintiff), 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 urged Justice Ekwo to dismiss a sister suit marked: FHC/ABJ/CS/462/22 dated 6 April, but filed on 7 April, by Kanu’s lawyer, Chief Ozekhome, for being incompetent.
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 31 May and deposed to by Thomas Etah, a litigation officer in the office of the AGF, it’s was stated that neither the Federal Government nor the Minister invited any security agency to invade Kanu’s residence to “destroy it or even kill any creatures therein on or about 10 September to 14 September, 2017, or at any particular dates thereafter on account of the facts giving rise to the plaintiff’s complaints in the paragraphs 7, 8, 9 and 10 of his supporting affidavit.”
The respondents said rather, the security agents have been vigilant and are always ready to stand to protect the sovereignty, in dissolution and internal security of the country at any point of time.
They stated that having been granted bail by the court in the criminal case he is standing trial for, Kanu jumped the bail and illegally sneaked into Kenya in his attempt to escape from justice.
The FG and AGF stated that the Kanu was not legally admitted into Kenya as he has no any legal travelling documents for entry into Kenya.
They said the security agents did not 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.
He said that the IPOB leader 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, told 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, The Nation report.
Justice Ekwo thereafter, adjourned the matter until 14 December, 2022, for hearing.