The leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has withdrawn his case against the Chief Judge of Federal High Court (FHC), Justice John Tsoho, and the registrar of the court.
Justice Inyang Ekwo of Federal High Court (FHC), Abuja, on Friday, struck out the suit following an oral application made by Kanu’s counsel, Ifeanyi Ejiofor, to withdraw the suit.
When the matter was mentioned, Ejiofor, who held the brief for Chief Mike Ozekhome (SAN), indicated his interest to withdraw the case, following which the judge struck out the matter.
Kanu, through his lawyer, had filed the suit marked: FHC/ABJ/CS/550/22 against the chief judge and chief registrar of FHC.
In the originating summons dated and filed on April 25, Kanu sought an order declaring the Federal High Court Practice Directions on Trial of Terrorism Cases, 2022 unconstitutional, ultra vires, invalid, null and void.
He had also prayed for an order of perpetual injunction, restraining the court or its agents from applying and enforcing the provisions of the practice directions, among other reliefs.
Ejiofor, while speaking with newsmen shortly after the court sitting, said they initially believed that the 2022 Practice Directions on Terrorism Matters were principally put in place to undermine Kanu’s case.
“But on a wider consultation, and when we also discovered that those provisions may not apply to our case, we decided to withdraw it,” he said.
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Meanwhile, the Federal Government 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.
Kanu is the applicant in the fresh suit, the Federal Republic of Nigeria and the Attorney-General of the Federation, Abubakar Malami, are 1st and 2nd defendants respectively.
Kanu is praying the court for 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.
When the matter was mentioned, Ejiofor, who appeared for Kanu, informed that a motion seeking for an extension of time was filed on October 4.
And after it was not opposed to by Simon Enoch, counsel for the Federal Government, the judge granted it as prayed.
Consequently, Ekwo adjourned the matter until December 14 for hearing.
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