A federal high court in Abuja has dismissed a lawsuit filed by Nnamdi Kanu, the leader of the outlawed Indigenous People of Biafra (IPOB), against the federal government and the Department of State Services.
On Monday, the presiding judge, James Omotosho, ruled that Kanu failed to produce substantial evidence to back up his accusation that the defendants violated his fundamental rights.
Omotosho disputed reports that DSS operatives denied Kanu access to his lawyers and eavesdropped on his communications with them.
The lawsuit was filed on December 4, 2023, with the case number FHC/ABJ/CS/1633/2023.
Kanu joined the Federal Republic of Nigeria, attorney-general of the federation (AGF), DSS, and its director-general from the first to the fourth.
He sought
“a declaration that the respondents’ act of forcible seizure and photocopying of confidential legal documents about facilitating the preparation of his defence, which were brought to him at the respondents’ detention facility by his lawyers, amounted to a denial of his rights to be defended by legal practitioners of his own choice”.
Kanu further requested a determination that the respondents’ action of prohibiting his counsel from taking notes on the details of the counsel’s professional discussions/consultations with him inside the DSS detention facility was illegal.
He further requested a determination that the respondents’ act of eavesdropping on his secret consultations/conversations with his lawyers constituted a denial of his rights.
As a result, Kanu petitioned the court for an order restraining and banning the respondents from forcibly seizing and photocopying private legal documents delivered to him at the incarceration facility by his lawyers.
Kanu also requested N1 billion in damages for the mental, emotional, psychological, and other harm he sustained as a result of the infringement of his rights.
However, the DSS denied all of the applicant’s complaints.
According to the security service, the applicant has access to family members and a team of lawyers during his visits.
According to DSS, Kanu communicates and consults with his lawyers freely throughout his visits.
The DSS affidavit reads:
“Applicant’s counsel is allowed to moderate size notes or pads for a visit, but the exchange of materials that promotes the IPOB ideals (subject matter of applicant’s criminal trial) were strongly resisted and refused.”
The FRN and the AGF, in their counter affidavit, also urged the court to dismiss the suit for being “an abuse of court process”.
