Justice James Omotosho of the Federal High Court in Abuja dismissed a human rights lawsuit filed by Nnamdi Kanu, the leader of the Indigenous People of Biafra, against the Nigerian Federal Government. Kanu, who is currently detained, had sought N1 billion in damages for alleged violations of his rights by the Attorney-General of the Federation and the Department of State Services (DSS).
The lawsuit, identified as FHC/CS/1633/2023, centered on claims that Kanu’s rights to a fair hearing were compromised. Specifically, he alleged that the DSS and its Director-General obstructed his lawyers from having unfettered interactions with him, crucial for preparing his defense in his ongoing criminal trial.
In his ruling, Justice Omotosho stated that Kanu failed to provide substantial evidence to support his allegations that his meetings with his lawyers were disrupted or that DSS officials eavesdropped on his conversations with them. Omotosho also noted that there was no credible evidence presented to show that Kanu’s lawyers were prevented from taking notes during their visits, nor any proof that Kanu was denied a fair hearing as he had claimed in his lawsuit.
Consequently, the judge dismissed the suit on the grounds of insufficient merit, highlighting that the burden of proof for the claims rested with Kanu, which he did not satisfactorily meet.
In the original motion filed on December 4, 2023, Kanu, through his lawyer Aloy Ejimakor, sued various government bodies including the Federal Republic of Nigeria, the Attorney-General, the DSS, and its Director-General, listed as the first to fourth respondents respectively.
Kanu argued for the enforcement of his fundamental rights, particularly emphasizing the improper handling and photocopying of confidential legal documents by the DSS, which he claimed hindered the preparation of his defense. He asserted that such actions amounted to a denial of his rights to be defended by legal practitioners of his choice and sought a judicial declaration to that effect.
Additionally, Kanu demanded that the court issue an order to restrain the DSS from seizing and photocopying confidential documents and requested compensation for the mental, emotional, psychological, and other damages he claimed to have endured due to these alleged rights violations.
In response, the Federal Republic of Nigeria and the Attorney-General, in a counter affidavit, argued that Kanu’s suit was an abuse of court processes and should be dismissed. Meanwhile, the DSS, in a counter affidavit filed on March 12, 2024, refuted all allegations made by Kanu. A representative from the DSS’s legal department, Yamuje Benye, stated that Kanu was held in secure and appropriate conditions, allowed regular consultation with his counsel in a facility designed to ensure comfort and privacy, without any infringement such as eavesdropping or recording.
Benye further clarified that standard security procedures applied to all visitors, including routine checks and scanning of items, were part of the DSS’s standard operating procedures and not specific actions targeted at Kanu or his legal team.
