Abuja — Justice James Omotosho of a Federal High Court, Abuja, on Monday dismissed the N1 billion fundamental rights suit brought by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government and the Department of State Services (DSS).
Omotosho, in dismissing the suit, held that the complainant failed to prove his allegations of breach of his fundamental rights by the defendants.
Delivering judgment in the suit marked: FHC/ABJ/CS/1633/2023, the court held that the claims that Kanu was denied unhindered access to his lawyers by the operatives of the DSS and that the officials eavesdropped on his conversations with his lawyers in the preparation of his defence could not be established.
"It is mere assertion without any iota of proof by the applicant and court of record can't act on mere assertion" the court held, adding that the complaint of unfair hearing in his criminal case doesn't arise as he was entitled to rights as provided for in chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The IPOB leader through his lawyer, Aloy Ejimakor, had sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its Director General as first to fourth respondents respectively, for allegedly violating his rights as guaranteed by the constitution.
Among the reliefs sought in the suit dated and filed December 4, 2023, are; 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 of 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 the alleged violation of his rights, among others.
But in a counter affidavit dated and filed by the DSS on March 12, the security outfit denied allegations levelled against it.
In the application deposed to by Yamuje Benye, the DSS claimed that Kanu is in a safe and secured custody of the DSS and he is 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 seized or confiscated 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 promotes the IPOB ideals (subject matter of applicant's criminal trial) were strongly resisted and refused.
"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 had always maintained that any visit to him should always be under supervision as it is the best practice all over the world.
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According to him, the applicant (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 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 her facility are subjected to normal routine security checks and items in their possession scanned.
According to him, this was to avoid unauthorized 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 and the matter reserved for judgement.
