Justice James Omotosho of the Federal High Court in Abuja dismissed the Fundamental Human Rights suit brought by Nnamdi Kanu, leader of the Indigenous People of Biafra, against the Federal Government on Monday.
Kanu had filed the suit, seeking N1 billion in damages from the Attorney-General of the Federation and the Department of State Services (DSS), alleging rights violations. In the suit marked FHC/CS/1633/2023, Kanu claimed that the DSS and its Director-General infringed on his right to a fair hearing. He alleged that the DSS hindered his lawyers from freely meeting with him to prepare his defense in his ongoing criminal trial.
In his judgment, Justice Omotosho stated that Kanu failed to provide credible evidence supporting his claims. The judge concluded that there was no proof that Kanu’s interactions with his lawyers were obstructed, that he was denied unrestricted access to legal counsel, or that DSS officials had monitored his conversations with his legal team, all of which would constitute a violation of his right to a fair trial.
Furthermore, Justice Omotosho found no evidence supporting Kanu’s assertion that his lawyers were prevented from taking notes during their meetings with him. Consequently, the judge dismissed the suit, ruling it lacked merit.
Kanu, represented by his lawyer Aloy Ejimakor, had initiated the suit on December 4, 2023, naming the Federal Republic of Nigeria, the Attorney-General, the DSS, and its Director-General as respondents. He sought the enforcement of his fundamental rights while detained by the DSS under Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009.
Among his prayers, Kanu sought a declaration that the DSS’s actions of seizing and copying confidential legal documents brought by his lawyers to the detention facility constituted a denial of his right to legal representation of his choice. He also sought a declaration that preventing his lawyers from taking notes during consultations with him at the DSS facility was unlawful and deprived him of adequate facilities for preparing his defense.
Additionally, Kanu alleged that the DSS eavesdropped on his confidential communications with his lawyers, which he argued violated his rights. He requested the court to restrain the respondents from seizing his legal documents forcibly and demanded N1 billion in damages for the emotional and psychological harm caused by the alleged rights violations.
In response, the Federal Republic of Nigeria and the Attorney-General, in a counter affidavit, urged the court to dismiss the suit, labeling it an abuse of the judicial process. The DSS also filed a counter affidavit refuting Kanu’s allegations, asserting that he was held in secure custody and allowed visits with his legal team under standard security protocols.
Yamuje Benye, deposing on behalf of the DSS, stated that Kanu’s claims were baseless. He affirmed that Kanu had access to his lawyers and family members during permitted visitations and that security measures were in place to prevent unauthorized materials from entering the facility.
Benye emphasized that while Kanu’s lawyers were permitted to take notes during visits, exchanges of materials promoting the ideology of the Indigenous People of Biafra (IPOB) were restricted, considering they related to the subject matter of Kanu’s criminal trial.
Ultimately, Justice Omotosho’s ruling upheld the DSS’s position, dismissing Kanu’s suit and affirming the agency’s adherence to established procedures during his detention.
