A Federal High Court in Abuja has struck out a N50billion fundamental rights enforcement suit filed against the Federal Republic of Nigeria and the Attorney General of the Federation (AGF) by detained self-acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Justice Inyang Ekwo struck out the suit on Thursday while delivering a ruling.
Justice Ekwo found that Kanu and his lawyer have failed to attend court on three consecutive adjourned dates.
The judge said: “Now the matter comes up today, plaintiff is absent, not represented by counsel and no excuse or reason is given for the absence
“There should be an end to indulgence by the court. My opinion is that this matter has been abandoned and ought to be so treated.
“Consequently, I make an order striking out the matter for want of diligent prosecution,” Justice Ekwo said.
In the suit marked: FHC/ABJ/CS/462/2022, Kanu claimed the violation of his rights, alleging that he was kidnapped from Kenya and brought back to Nigeria to stand trial.
Kanu had prayed for 11 reliefs, including an order for his release from the custody of the Department of State Services (DSS).
He equally sought an order restraining the defendants from taking any further step to prosecute him in respect of the treason charge pending against him.
The respondents raised a preliminary objection against the suit, arguing among others, that it constituted an abuse of the process of the court.
They noted that Kanu had filed a similar suit with the same facts before a Federal High Court in Umuahia in suit number: FHC/UM/CS/30/2022.