The Federal government and Attorney General of the Federation, Abubakar Malami, have applied for an extension of time to file their defense against the N5 billion Fundamental Rights suit filed by the Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, at the High Court of Abia State.
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
Kanu had in August, through his lawyer, Aloy Ejimakor, approached the Abia High Court to enforce his fundamental rights, stemming from the military invasion of his Umuahia home in 2017 and his extraordinary rendition from Kenya in June 2021.
When the matter last came up for hearing on 7th October, it turned out that the case file had not be assigned from the vacation court where it was last heard on 21st September when neither the Federal Government, nor the Attorney General made an appearance.
According to Kanu’s lawyer, the Respondents which included the Federal Government and the AGF were served on 10th September, 2021.
“That means that they have five days from the date of service to reply to the suit in accordance with the Fundamental Rights Enforcement procedures. Those five days expired on 15th September, 2021”, he added.
Meanwhile, the application for extension of time which was filed on 6th October by the office of the Attorney General is being opposed by Barrister Ejimakor.
A perusal of the application shows that they are pleading for the discretion of the court to accept their defense despite its lateness.
In opposing the application, Barrister Ejimakor cited statutory and judicial authorities that disallowed inordinate delays in hearing cases of fundamental rights, especially in situations where the applicant is in detention.
Ejimakor argued further that “It beggars belief that it took the Federal Republic of Nigeria and the Office of the Attorney General of the Federation with presumably thousands of Lawyers almost one month after being served a fundamental rights suit to prepare a counter affidavit”.
The case was late last week assigned for hearing to Abia High Court 1, which is presided over by the Chief Judge of the State.
Our checks revealed that the next hearing date is yet to be set.
A source at the court told our correspondent that the assignment of the case to the Chief Judge of the State “demonstrates that the High Court considers the case to be of high priority and importance.”
Kanu, among other reliefs, seeks his unconditional release from detention and stoppage of his prosecution.
“Order Your Copy Now” — Basil Momodu, Esq. Unveils Second Edition Of His Book, "Civil Procedure In Nigeria"
According to the learned author, Basil Momodu Esq. "Law review is a continuum. We will continue to track changes in the law to enrich future editions." Recommended Booksellers: Lagos: 08033855230, Abuja: 08035991379, and others.
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
