Kanu: Court strikes out case against Sen. Abaribe, others

Andrew Orolua Abuja

The Federal High Court sitting in Abuja, has struck out a suit filed against Senator Abaribe, Femi Fani-Kayode and others over the whereabouts of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnandi Kanu.

Following the alleged sighting of Kanu at the Wailing Wall in Jerusalem late last year, Isaiah Agidi Ayugu, had approached the court, seeking an order of mandamus to compel the respondents to immediately investigate the circumstances surrounding the disappearance of Kanu from the country, while the army has been accused of abducting, arresting and assassinating him.

He also sought an order mandating the respondents to prosecute all that were indicted to have been involved in aiding Kanu to allegedly evade justice.

Ayugu also sought leave for an order mandating the respondents to investigate and prosecute Abaribe, Fani-Kayode, Ifeanyi Ejiofor and others who worked together to propagate lies that Kanu was arrested by army.

Respondents in the suit No. FHC/ABJ/CS/1254/2018, include the inspector general of police, the police and Department of State Services.

However, in November 2018, both Abaribe and Fani-Kayode sought to be joined in the suit as interested parties and were granted by Justice James Tsoho on January 11.

On March 6, the respondents filed a preliminary objection, asking the court to dismiss the suit for constituting an abuse of court process. Both Abaribe and Fani-Kayode, through their counsel, Chukwuma-Machukwu Ume (SAN), also sought dismissal of the suit on the ground that similar a case is ongoing at the same court.

According to the respondents, the suit was hypothetical in nature and did not disclose live issues to be litigated upon and that it tends to engage the court in an academic exercise.

Striking out the case, Justice Tsoho said that he was taking the action for lack of diligent prosecution. The judge held that the plaintiff’s counsel was in court at the last adjourned date, yet he failed to appear in court or give explanation for his absence.

“I therefore agree with other reasons adduced by the learned silk and hereby strike out the suit for want of diligent prosecution,” the judge stated.

Abaribe was one of the sureties for Kanu and following the raid of Kanu’s village home in September 2017, his whereabouts became unknown. Consequently, when Abaribe was asked by the court to produce Kanu for continuation of trial, he blamed the military for Kanu’s disappearance.