A federal high court in Abuja has dismissed a suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the federal government and Department of State Services (DSS).
In a judgment delivered on Monday, James Omotosho, the presiding judge, held that Kanu failed to provide credible evidence to back the allegation 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 suit was marked FHC/ABJ/CS/1633/2023 and filed on December 4, 2023.
Kanu joined the Federal Republic of Nigeria, 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”.
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He 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.
He 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.
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The security service said the applicant is 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 reads.
The FRN and the AGF, in their counter affidavit, also urged the court to dismiss the suit for being “an abuse of court process”.