Justice James Omotosho of the Federal High Court in Abuja has dismissed a Fundamental Human Rights suit filed by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), against the Federal Government. The suit, marked FHC/CS/1633/2023, sought N1 billion in damages from the Attorney-General of the Federation and the Department of State Services (DSS) for alleged violations of Kanu’s rights.
Kanu’s suit claimed that the DSS and its Director-General infringed on his right to a fair hearing by allegedly obstructing his lawyers from freely interacting with him in preparation for his criminal trial. However, Justice Omotosho ruled that Kanu failed to substantiate his claims with credible evidence. The judge specifically noted that there was no proof that Kanu’s interactions with his legal team were disrupted, nor was there evidence of eavesdropping by DSS officials on his conversations with his lawyers.
In his judgment, Justice Omotosho concluded that the suit lacked merit and subsequently dismissed it. Kanu, represented by his lawyer Aloy Ejimakor, had filed the suit under the Fundamental Rights Enforcement Procedure Rules 2009, seeking declarations and injunctions against the alleged infringements.
In response, the Federal Republic of Nigeria, the AGF, and the DSS, in their counter affidavits, argued that Kanu’s claims were baseless and urged the court to dismiss the suit as an abuse of court process. The DSS specifically denied the allegations, asserting that Kanu was treated in accordance with standard procedures, including secure custody and supervised visits with his legal representatives.
The dismissal marks a legal setback for Kanu in his efforts to challenge the conditions of his detention and alleged violations of his rights during legal proceedings.