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Akinwande Soji-Ojo
A Federal High Court sitting in Abuja has dismissed a suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government and Department of State Services (DSS).
Kanu had in the suit sought N1 billion in damages from the Attorney-General of the Federation and the Department of State Services, for alleged rights violation.
But delivering judgement on Monday, Justice James Omotosho, held that Kanu failed to provide credible evidence to back the allegations of violation of his fundamental rights by the defendants.
Omotosho said claims that operatives of the DSS denied Kanu access to his lawyers, and that the officials eavesdropped on his conversations with his lawyers, could not be established.
The IPOB leader had on December 4, 2023 filed the suit.
Kanu joined the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its Director General as 1st to 4th respondents respectively.
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.”
Kanu 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 the DSS detention facility was unlawful.
The IPOB leader further sought a declaration that the respondents’ act of eavesdropping on his confidential consultations/conversations with his lawyers amounted to denial of his rights.
Consequently, Kanu prayed the court for an 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 N1 billion as damages for the mental, emotional, psychological and other damages he suffered as a result of the violation of his rights.
However, the DSS denied all the allegations by the applicant.
The security service said the applicant was allowed access to members of his family and team of lawyers on his visiting days.
DSS averred that Kanu interacts and consults with his lawyers on his visiting days without any interference.
“Applicant’s counsel are allowed to moderate size notes or pads for the visit, but exchange of materials that promotes the IPOB ideals (subject matter of applicant’s criminal trial) were strongly resisted and refused,” the DSS affidavit read.
The FRN and the AGF, in their counter affidavit, also urged the court to dismiss the suit for being “an abuse of court process.”
