Abuja, Nigeria – On Monday, Justice James Omotosho of the Federal High Court in Abuja dismissed the fundamental human rights suit filed by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), against the Federal Government of Nigeria.
Kanu sought N1 billion in damages from the Attorney-General of the Federation (AGF) and the Department of State Services (DSS) for alleged violations of his rights. The suit, marked FHC/CS/1633/2023, claimed that the DSS and its Director-General interfered with his right to a fair hearing by preventing his lawyers from having unhindered interactions with him in preparation for his defense in his ongoing criminal trial.
Justice Omotosho, in his judgment, stated that Kanu failed to provide credible evidence to support his claims. “The applicant has not demonstrated that his interactions with his lawyers were obstructed, that he was denied unhindered access to his legal counsel, or that DSS officials eavesdropped on his conversations,” Omotosho noted.
The judge also mentioned that there was no evidence showing that Kanu’s lawyers were stopped from taking notes during their visits or that he was denied a fair hearing as claimed. On these grounds, the suit was dismissed for lacking merit.
Kanu, through his lawyer Aloy Ejimakor, filed the suit on December 4, 2023, under the Fundamental Rights Enforcement Procedure Rules 2009. The suit named the Federal Republic of Nigeria, the AGF, the DSS, and its Director-General as respondents.
Kanu alleged that the DSS’s actions, including the seizure and photocopying of confidential legal documents, refusal to allow his counsel to take notes, and eavesdropping on his consultations, amounted to a denial of his rights. He sought various declarations from the court, including an injunction against such actions and an order for the respondents to pay N1 billion in damages.
In their defense, the DSS, represented by legal department staff member Yamuje Benye, denied all allegations. Benye argued that Kanu was in safe custody and was not detained in solitary confinement. He maintained that Kanu had access to his lawyers and family members without hindrance and that security measures at the DSS facility were standard and necessary.
“The claims that Kanu’s conversations were eavesdropped on and that his legal consultations were hindered are unfounded. The DSS ensures the safety and security of its detainees and their visitors,” Benye stated.
Benye further argued that the suit was an abuse of court process, noting that similar issues had been raised before Justice Nyako, who oversees Kanu’s criminal trial and had consistently upheld that visits to Kanu must be supervised as per international best practices.
In conclusion, Justice Omotosho’s dismissal of the suit signifies a legal setback for Kanu in his efforts to challenge his detention conditions and the alleged violations of his rights by the DSS.
