PeakNews Online
Abuja, Nigeria – Justice James Omotosho of the Federal High Court in Abuja has dismissed the Fundamental Human Rights suit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), against the Federal Government. Kanu sought N1 billion in damages, alleging violations of his rights by the Attorney-General of the Federation (AGF) and the Department of State Services (DSS).
The suit, marked FHC/CS/1633/2023, claimed that the DSS and its Director-General had violated Kanu’s right to a fair hearing by allegedly obstructing his lawyers from having unrestricted interactions with him during his detention. Kanu argued that these actions hindered his defense preparation for his criminal trial.
In his judgment, Justice Omotosho stated that Kanu failed to provide credible evidence to support his claims. The judge found no substantiation for Kanu’s allegations that his lawyers were prevented from meeting him, that they were unable to take notes, or that DSS officials eavesdropped on their conversations, which would have constituted a breach of his right to a fair hearing.
“The applicant failed to prove that his interactions with his lawyers were interfered with or that he was denied unhindered access to his legal counsel,” Justice Omotosho held, dismissing the suit for lacking merit.
Kanu, represented by his lawyer Aloy Ejimakor, had filed the suit on December 4, 2023, under Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009. He sought the enforcement of his fundamental rights while detained by the DSS.
Kanu’s claims included allegations that the DSS seized and photocopied confidential legal documents, prevented his lawyers from taking notes during consultations, and eavesdropped on their conversations. He requested the court to declare these actions unlawful and sought an order to restrain the DSS from such acts, as well as a mandate for the respondents to jointly and severally pay N1 billion in damages for the alleged breach of his rights.
Despite these claims, the court found no evidence to support the accusations and consequently dismissed the suit.
