Justice James Omotosho of the Federal High Court in Abuja has dismissed the fundamental human rights suit filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government. Kanu sued the Attorney-General of the Federation and the Department of State Service for ₦1bn in damages for alleged rights violations.
The IPOB leader 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 while he was being detained in preparation for his defence in his criminal. While delivering judgment, Justice Omotosho, held that Kanu failed to provide credible evidence to sustain 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, which constituted a breach of his right to a fair hearing.
Justice Omotosho 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 for his defence, could not be established.
The IPOB leader, through his lawyer, Aloy Ejimakor, had sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS, and its DG as 1st to 4th respondents, respectively. In the originating summons, he prayed for eight reliefs.
He sought “a declaration that the respondents’ act of forcible seizure and photocopying of confidential legal documents pertaining to facilitating the preparation of his defence, 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 on the 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 a 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 sought an order mandating the respondents to jointly and severally pay the sum of ₦1bn as damages for the mental, emotional, psychological, and other damages he suffered as a result of the breach of his rights, among others.
