A Federal High Court, Abuja, on Monday, dismissed a N1 billion suit filed by Nnamdi Kanu, detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government and Department of State Services (DSS).
Justice James Omotosho, in a judgment, held that Kanu failed to provide credible evidence to back his alleged violation of his fundamental rights by the defendants.
Justice Omotosho held that the claims, that Kanu was denied unhindered access to his lawyers by the operatives of the Department of State Service (DSS) and that the officials eavesdropped on his conversations with his lawyers in the preparation of his defence, could not be established.
The News Agency of Nigeria (NAN) reports that 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 marked: FHC/ABJ/CS/1633/2023, dated and filed Dec. 4, 2023, the applicant 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 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 sought 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 his rights’ breach, 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, a Legal Department staff, he said 11 paragraphs in Kanu’s affidavit were untrue.
He averred that Kanu was in safe and secured custody of the DSS and he Is 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.
