Justice James Omotosho, presiding over a Federal High Court in Abuja, has ruled against the Fundamental Human Rights suit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), challenging the Federal Government.

Court Dismisses Nnamdi Kanu’s N1bn Suit Against FG

In the suit (FHC/CS/1633/2023), Kanu sought N1 billion in damages from the Attorney-General of the Federation and the Department of State Services (DSS) for alleged rights violations. He claimed that the DSS, under its Director-General, infringed on his right to a fair hearing by obstructing his lawyers’ access to him and allegedly eavesdropping on their conversations, affecting his defense in ongoing criminal proceedings.

Judge Omotosho, delivering his judgment, found Kanu’s evidence insufficient to support his claims of hindered lawyer interactions or denial of fair hearing. The court concluded that there was no proof that notes were barred during legal consultations, nor that eavesdropping occurred, dismissing the case on grounds of lacking merit.

Kanu, represented by his lawyer Aloy Ejimakor, had filed the suit on December 4, 2023, invoking Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009. He sought declarations that the seizure and photocopying of his legal documents by the DSS constituted a denial of his right to legal representation and demanded damages totaling N1 billion for the emotional distress caused.

In response, the Federal Republic of Nigeria and the AGF, backed by the DSS, denied the allegations through counter affidavits, arguing against the suit’s legitimacy.

The DSS, in a counter affidavit dated March 12, 2024, refuted Kanu’s claims, asserting that he was adequately housed and allowed legal consultations in comfortable facilities. They maintained that security procedures, including standard checks, were followed during visits.

In summary, the court’s decision underscores the complexities of balancing individual rights with security protocols in legal proceedings, ultimately upholding the government’s position against Kanu’s claims.

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