The Abuja Division of the Federal High Court on Monday dismissed a N1 billion suit filed by Nnamdi Kanu, detained leader of the proscribed Indigenous People of Biafra (IPOB), against the federal government and State Security Service.
Justice James Omotosho, in a judgment, held that Mr Kanu failed to provide credible evidence to back the defendants’ alleged violation of his fundamental rights.
The judge held that the claims that SSS operatives denied Mr Kanu unhindered access to his lawyers and that the officials eavesdropped on his conversations with his lawyers in the preparation of his defence could not be established.
The IPOB leader, through his lawyer, Aloy Ejimakor, had sued the government, the attorney general of the federation, SSS and its director-general as first to fourth respondents, respectively.
The applicant demanded eight reliefs in the originating summons marked FHC/ABJ/CS/1633/2023, dated and filed on December 4, 2023.
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.”
He also sought a declaration that the respondents’ act of preventing his counsel from taking notes of details of the 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 a denial of his right, among other things.
Therefore, Mr Kanu sought an injunction restraining and prohibiting the respondents from forcibly seizing and photocopying 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 N1 billion as damages for the mental, emotional, psychological, and other damages he suffered as a result of the breach of his rights, among other things.
However, in a counter-affidavit dated and filed by the SSS on March 12, the security outfit denied the allegations levelled against it. In the application deposed to by Yamuje Benye, a legal department staff member, he said 11 paragraphs in Kanu’s affidavit were untrue.
He averred that Mr Kanu was in the safe and secure custody of the SSS and was not detained in solitary confinement. According to Mr Benye, the applicant (Mr 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 that no SSS personnel seized or confiscated documents brought to Mr Kanu by his lawyers or anyone else at any time.
He added that their personnel never denied Kanu’s lawyers the professional liberty to discuss, consult and interact with him.
“Applicant’s counsels 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.
Mr Benye averred that Justice Binta Nyako, who is presiding over Mr Kanu’s criminal trial, has always maintained that visits to him should always be under supervision, as this is the best practice worldwide.
According to him, the applicant (Mr Kanu) and his counsel were permitted to consult and interact on visiting days in one of the SSS’ best interview facilities to ensure maximum comfort for the applicant and his visitors.
The official denied allegations that the personnel usually record their interactions during visits, saying, “There is no basis for eavesdropping and recording of their conversations.”
He said that in line with SSS’s standard operating procedure, all visitors to her facility are subjected to normal routine security checks and that items in their possession are scanned.
According to him, this is to avoid unauthorised materials entering the facility.
Mr Benye said the instant suit was an abuse of the court process, Kanu, having argued the same issues before Justice Nyako and the matter reserved for judgment.
In a counter-affidavit, the federal government and the AGF also urged the court to dismiss the suit as an abuse of court process.
(NAN)
