Court Dismisses Nnamdi Kanu’s N1bn Rights Suit against FG

Alex Enumah in Abuja

Justice James Omotosho of a Federal High Court, Abuja, yesterday, dismissed the N1 billion fundamental rights suit brought by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the federal government and the Department of State Service (DSS).

Omotosho in dismissing the suit held that the complainant failed to prove his allegations of breach of his fundamental rights by the defendants.

Delivering judgement in the suit marked: FHC/ABJ/CS/1633/2023, the court held that the claims, that Kanu was denied unhindered access to his lawyers by the operatives of the DSS and that the officials eavesdropped on his conversations with his lawyers in the preparation of his defence, could not be established.

“It is mere assertion without any iota of proof by the applicant and court of record can’t act on mere assertion” the court held, adding that the complaint of unfair hearing in his criminal case doesn’t arise as he was entitled to rights as provided for in chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

Kanu had through his lawyer, Aloy Ejimakor, sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its Director General as 1st to 4th respondents respectively, for allegedly violating his rights as guaranteed by the constitution.

Among the reliefs sought in the suit dated and filed December 4, 2023, were a declaration that the respondents’ act of forcible seizure and photocopying of confidential legal documents pertaining to facilitating the preparation of his defense which were brought to him at the respondents’ detention facility by his lawyers, amounted to denial of his rights to be defended by legal practitioners of his own choice.

He also sought a declaration that the respondents’ act of preventing his counsel from taking notes of details of counsel’s professional discussions/consultations with him at DSS detention was unlawful.

He further sought a declaration that the respondents’ act of eavesdropping on his confidential consultations/conversations with his lawyers, amounted to denial of his right, among others.

Kanu, therefore, sought an order of injunction restraining and prohibiting the respondents from their act of forcible seizure and photocopying of confidential legal documents brought to him at the detention facility by his lawyers.

He also wanted an order mandating the respondents to jointly and severally pay the sum of N1 billion as damages for the mental, emotional, psychological and other damages he suffered as a result of the alleged violation of rights among others.

But in a counter affidavit dated and filed by the DSS on March 12, the security outfit denied allegations levelled against it.

In the application deposed to by Yamuje Benye, the DSS claimed that Kanu was in safe and secured custody of the DSS and was not detained in solitary confinement.

According to Benye, the applicant (Kanu) is allowed access to his family members and team of lawyers on his visiting days without any hindrance whatsoever, adding that he was permitted to interact and consult with his lawyers on his visiting days without any interference.

He said at no material time did any DSS personnel seized or confiscated documents brought to Kanu by his lawyers or any other person.

He added that their personnel never denied Kanu’s lawyers the professional liberty to perform their lawful duty of discussing, consulting and interacting with him.

“Applicant’s counsel are allowed to moderate size notes or pads for the visit, but exchange of materials that promotes the IPOB ideals (subject matter of applicant’s criminal trial) were strongly resisted and refused.