Justice James Omotosho of the Federal High Court in Abuja has dismissed the Fundamental Human Rights suit filed by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), against the Federal Government.
Kanu had sought N1 billion in damages from the Attorney-General of the Federation (AGF) and the Department of State Services (DSS) for alleged rights violations.
In his suit, marked FHC/CS/1633/2023, Kanu claimed that the DSS and its Director-General infringed on his right to a fair hearing by allegedly preventing his lawyers from having unhindered interactions with him during his detention, thereby hampering his defense preparation.
Delivering the judgment, Justice Omotosho held that Kanu failed to provide credible evidence to substantiate his claims.
The court found no proof that his interactions with his lawyers were interfered with, that he was denied unhindered access to his lawyers, or that DSS officials eavesdropped on his conversations, which would constitute a breach of his right to a fair hearing. Consequently, the judge dismissed the suit for lacking merit.
Kanu, represented by his lawyer Aloy Ejimakor, had filed the originating motion on December 4, 2023. He sued the Federal Republic of Nigeria, the AGF, the DSS, and its Director-General as the 1st to 4th respondents, seeking the enforcement of his fundamental rights while in DSS detention.
The motion included requests for declarations that the respondents’ actions—such as the seizure and photocopying of confidential legal documents, refusal to allow his counsel to take notes during consultations, and eavesdropping on his conversations—violated his rights.
Kanu also sought an injunction to prevent further such actions and demanded N1 billion in damages for the mental, emotional, and psychological harm he claimed to have suffered.
In response, the Federal Republic of Nigeria and the AGF filed a counter-affidavit urging the court to dismiss the suit as an abuse of court process. The DSS, in its counter-affidavit filed on March 12, 2024, denied all allegations.
A staff member of the DSS legal department, Yamuje Benye, argued that the claims in Kanu’s affidavit were untrue.
He stated that Kanu was in safe and secure custody and was not in solitary confinement. He further argued that Kanu was allowed to consult with his counsel in a comfortable interview facility and that there was no basis for eavesdropping or recording his conversations.
The DSS maintained that all visitors to their facility undergo routine security checks to prevent unauthorized materials from entering.
Benye also noted that similar issues had been previously argued before Justice Nyako, who presides over Kanu’s criminal trial and has upheld the practice of supervised visits as standard procedure globally.
The DSS asserted that Kanu had consistent access to his family and legal team and that at no time were documents confiscated or his lawyers hindered in performing their duties.
The court concluded that Kanu’s suit was indeed an abuse of the judicial process and dismissed it accordingly.
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