FG urges ECOWAS court to discard Nnamdi Kanu’s $800m suit

The Economic Community of West African States (ECOWAS) Community Court sitting in Abuja has been asked by the Federal Government to sack an $800 million fundamental human rights enforcement suit instituted by the leader of the outlawed Indigenous People of Biafra (IPOB) Nnamdi Kanu.

The Federal Government argued that since Kanu had deserted his ongoing trial after he was granted bail by the Federal High Court in Abuja, any judgment by the ECOWAS Court on Kanu’s suit before it will no longer serve any purpose.

The IPOB leader had in his suit which was filed on March 3, 2016 before the ECOWAS court, demanded that the Federal Government pay him $800 million as compensation for his alleged unlawful arrest in 2015 and subsequent detention.
However, in an objection to the suit filed by the counsel to the Federal Government, Mrs. Maimuna Shiru, she contended that it was now purposeless for the ECOWAS Court to adjudicate on Kanu’s suit since the IPOB leader has allegedly jumped bail granted him on charges of treasonable felony along others before the Federal High Court in Abuja.

According to Mrs Shiru, Kanu’s alleged jumping of bail means that events had overtaken his $800 million suit.
“Having regards to Article 88(2) of the Rules of the Community Court of Justice, ECOWAS, this suit has become devoid of purpose and unnecessary to adjudicate upon.

“The result of a judicial decision in this suit will serve no purpose. There are no live issues in controversy between the parties for the court to determine,” the three grounds of the application noted.

In an affidavit filed in support of the Federal Government’s motion and deposed to by Mr. Thomas Etah, it stated that Kanu filed his notice of registration before the ECOWAS Court on March 3, 2016, while the plaintiff was granted bail by the Federal High Court on April 25.

“That the plaintiff/respondent has now jumped bail and his whereabouts are unknown.

“That further to paragraph 8 above, it is public knowledge that the Federal High Court of Nigeria has ordered Senator Eyinnaya Abaribe and two other sureties to produce the plaintiff/respondent or forfeit their bail bonds.

“That the plaintiff/respondent and the group he represents, the Indigenous People of Biafra have been proscribed as a terrorist organisation by the defendant/applicant (Federal Government).

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“That this suit before this honourable court has been overtaken by events and has become devoid of purpose,” it added.

Meanwhile, counsel to Kanu, Mr. Ifeanyi Ejiofor, had on November 21 told the ECOWAS Court that he would want to respond to the application by the Federal Government.

Mr. Ejiofor accused the Federal Government of deliberately delaying the filing of the motion in order to frustrate the hearing of the case.

Lawyer to the Federal Government denied Ejiofor’s allegation and maintained that the motion was filed early enough.
After the presiding judge of the ECOWAS Court panel, Justice Hameye Mahalmadane, explained that the court paper filed by the Federal Government was yet to be interpreted to the panel members who were all French-speaking, the matter was adjourned until February 7 for hearing.

 

 

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