Justice James Omotosho of the Federal High Court in Abuja dismissed the Fundamental Human Rights suit filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government on Monday.
Kanu sought N1 billion in damages from the Attorney-General of the Federation and the Department of State Services (DSS) for alleged rights violations.
In the suit, marked FHC/CS/1633/2023, Kanu claimed that the DSS and its Director-General violated his right to a fair hearing by allegedly preventing his lawyers from having unhindered interactions with him in preparation for his defense in his criminal trial.
Justice Omotosho, delivering the judgment, held that Kanu failed to provide credible evidence to support his claims that his interactions with his lawyers were interfered with, that he was denied unhindered access to his lawyers, and that DSS officials eavesdropped on his conversations with his lawyers, constituting a breach of his right to a fair hearing.
Omotosho further stated that Kanu failed to prove that his lawyers were prevented from taking notes during their meetings, and there was no evidence showing he was denied a fair hearing as claimed in his suit. Consequently, the judge dismissed the suit for lacking merit.
Kanu, through his lawyer Aloy Ejimakor, filed the originating motion dated December 4, 2023, suing the Federal Republic of Nigeria, the AGF, the DSS, and its Director-General as the 1st to 4th respondents, respectively. He demanded the enforcement of his fundamental rights while in DSS detention under Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
Kanu sought a declaration that the respondents’ act of forcibly seizing and photocopying confidential legal documents brought to him by his lawyers amounted to a denial of his rights. He also sought a declaration that preventing his counsel from taking notes during professional consultations was unlawful and amounted to a denial of his right to adequate facilities for his defense.
Additionally, Kanu requested a declaration that eavesdropping on his consultations with his lawyers amounted to a denial of his rights. He sought an order restraining the respondents from seizing and photocopying confidential legal documents and an order mandating the respondents to jointly and severally pay N1 billion in damages for the mental, emotional, psychological, and other damages he suffered.
The Federal Republic of Nigeria and the AGF, in a counter-affidavit, urged the court to dismiss the suit as an abuse of court process. The DSS, in a counter-affidavit dated March 12, 2024, denied Kanu’s allegations.
In the affidavit, DSS legal department staff Yamuje Benye argued that Kanu was in safe custody and not in solitary confinement. He stated that Kanu was allowed to consult with his counsel on visiting days in one of the best interview facilities of the DSS, ensuring maximum comfort. Benye also noted that all visitors undergo routine security checks to prevent unauthorized materials from entering the facility.
Benye added that Kanu had previously argued the same issues before Justice Nyako, who has always maintained that visits should be supervised, as it is best practice worldwide. He stated that Kanu has always had access to his family members and lawyers without hindrance and that no DSS personnel seized or confiscated documents or denied Kanu’s lawyers their professional liberty.
He concluded that while Kanu’s counsel could bring moderate-sized notes, any materials promoting IPOB ideals, the subject of Kanu’s criminal trial, were resisted and refused.
