Court Fixes Date to Hear Nnamdi Kanu’s N1bn Suit Against Nigerian Govt, DSS

 

A date has been fixed by the Federal High Court sitting in Abuja to hear a N1 billion compensation suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, IPOB, against the Federal Government and Department of State Services, DSS.

 

The court on Monday fixed April 18 for hearing.

 

Justice James Omotosho adjourned the matter after Kanu’s counsel, Alloy Ejimakor, indicated his interest to respond to a counter affidavit jointly filed by the DSS and its Director-General (DG).

 

Upon resumed hearing, Gbenga Oladimeji, who appeared for the Federal Government, informed the court that they were yet to file their response on behalf of 1st and 2nd defendants because he was only being notified about the process on Monday morning, though they had been served since March 6.

 

Oladimeji prayed for an adjournment to enable him respond appropriately.

 

But the DSS lawyer, Abdul Danlami, said they had filed their counter affidavit in opposition to Kanu’s plea.

 

Ejimakor then sought an adjournment to enable him file a further affidavit in response to fresh issues raised by the DSS in their counter affidavit.

 

Justice Omotosho adjourned the matter until April 18 for adoption of processes.

 

Recall that Kanu, through his lawyer, Ejimakor, had filed the latest suit marked: FHC/ABJ/CS/1633/2023 for the enforcement of his fundamental rights while in detention.

 

In the originating motion dated and filed December 4, the applicant sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its DG as 1st to 4th respondents, respectively.

 

The suit was filed pursuant to Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.

 

In the motion, the detained IPOB leader 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 described the acts as illegal, unlawful, unconstitutional and an infringement of his fundamental right to fair hearing as enshrined and guaranteed under Section 36(6)(b) & (c) of the 1999 Constitution (as amended) and Article 7(1)(c) of the African Charter on Human and Peoples Rights.

 

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.

 

Kanu also sought an order compelling the respondents to issue an official letter of apology to him for the infringement of his fundamental right to fair hearing.

 

But in a counter affidavit dated and filed by the DSS on March 12, the security outfit denied the allegations leveled 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 secure 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 equally averred that at no material time did any DSS personnel seize or confiscate documents brought to Kanu by his lawyers or any other person.

 

Benya added that their personnel never denied Kanu’s lawyers the professional liberty to perform their lawful duty of discussing, consulting and interacting with him.

 

According to him, Kanu, along with his counsel, were permitted to consult and interact on visiting days in one of the best interview facilities of the DSS, to ensure maximum comfort of the applicant and his visitor(s).

 

The official, who denied allegations that the personnel usually record their interaction during visit, said “there is no basis for eavesdropping and recording of their conversations”.

 

He said in line with the Service Standard Operation Procedure (SOP) of the DSS, all visitors to its facility are subjected to normal routine security checks and items in their possession scanned.

 

According to him, this is to avoid unauthorized materials making their way into the facility.

 

Benye said the instant suit was an abuse of court process, as Kanu had argued the same issues before Justice Nyako and the matter reserved for judgment.