A Federal High Court, Abuja today Monday threw out a N1 billion suit filed by detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government and Department of State Services (DSS).
In his judgment, Justice James Omotosho held that Kanu failed to provide credible evidence to back the alleged violation of his rights by the defendants.
According to Justice Omotosho, Kanu’s claim of being denied unhindered access to his lawyers by the operatives of the Department of State Service (DSS) and eavesdropped allegations could not be substantiated.
The IPOB leader 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’s lawyer, Aloy Ejimakor, 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 on the 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 his rights’ breach, among others.
However, in a counter affidavit dated and filed by the DSS on March 12, the security outfit dismissed all the allegations levelled against it.
The FRN and the AGF, in a counter affidavit, also urged the court to dismiss the suit for being an abuse of court process.
In the application deposed to by Yamuje Benye, a DSS legal department staffer, he said 11 paragraphs in Kanu’s affidavit were untrue.
He averred that Kanu was in safe and secured custody of the DSS and that he was 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.
He argued that the IPOB leader was permitted to interact and consult with his lawyers on his visiting days without any interference.
He said at no material time did any DSS personnel seize or confiscate documents brought to Kanu by his lawyers or any other person.
He added that their personnel never denied Kanu’s lawyers the professional liberty to perform their lawful duty of discussing, consulting, and interacting with him.
“Applicant’s counsel are allowed to moderate size notes or pads for the visit, but exchange of materials that promote the IPOB ideals (subject matter of applicant’s criminal trial) were strongly resisted and refused.
The applicant has consistently requested that various prayer books and religious materials be brought to him as part of his fundamental human right,” he said.
Benye averred that Justice Binta Nyako, who is presiding over Kanu’s criminal trial, has always maintained that visits to him should always be under supervision, as it is the best practice all over the world.
He said, in line with the Service Standard Operation Procedure (SOP) of the State Security Service, all visitors to her facility are subjected to normal routine security checks, and items in their possession scanned.
According to him, this is to avoid unauthorised materials making their way into the facility.
Benye said the instant suit was an abuse of court process.
Kanu, having argued same issues before Justice Nyako, reserved the matter for judgement.
