The Federal High Court, Abuja, yesterday, fixed July 1 for judgment in a N1 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government and Department of State Services (DSS).
Justice James Omotosho fixed the date after Kanu’s counsel, Aloy Ejimakor; the FG’s lawyer, Mercy Akeredolu, and their counterpart with the DSS, A.M. Danlami adopted their processes and made their submissions in the suit.
Kanu, through his lawyer, Ejimakor, had filed the instant suit marked: FHC/ABJ/CS/1633/2023 for the enforcement of his fundamental rights while in detention.
In the originating motion dated and filed December 4, 2023, the applicant sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its DG as first to fourth respondents, respectively.
The suit was filed pursuant to Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
Upon resumed hearing, Ejimakor told the court that he filed an originating motion dated December 4, 2023.
The lawyer said he also filed a further affidavit dated March 26 with six exhibits in response to third and fourth respondents’ counter affidavits.
He said the exhibits had, among others, a certified true copy of a previous judgment.
He said he filed an additional further affidavit on April 22 in response to the additional counter affidavit filed by third and fourth respondents dated April 18.
Besides, Ejimakor said he filed a further affidavit on April 22 in response to first and second respondents’ counter affidavits filed April 12.
The lawyer, who adopted the documents, prayed the court to grant their reliefs sought.
Akeredolu, who held the brief of Maimuna Lami-Shehu for the FRN and AGF, said in opposing Kanu’s application, they filed a counter affidavit on April 12 with one exhibit.
She said a written address also dated and filed April 12 was attached with the counter affidavit. The lawyer urged the court to dismiss the IPOB leader’s suit.
In the same vein, Danlami, who appeared for the DSS and its DG, told the court that a 15-paragraph counter affidavit dated April 12, was filed on the same date with an exhibit.
He said they equally filed a further counter affidavit dated and filed April 18 with two exhibits.
He prayed the court to dismiss the suit for lacking in merit.
After the proceeding that lasted till evening, Justice Omotosho adjourned the matter until July 1 for judgment.
In the motion, the detained IPOB leader prayed for eight reliefs.
Kanu 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 is also seeking 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 his rights’ breach.
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, a legal department staff, he said 11 paragraphs in Kanu’s affidavit were untrue.
He averred that Kanu was in safe and secured custody of the DSS and he is not detained in solitary confinement.
Benye said 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 seize or confiscate 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.
Benye averred that Justice Binta Nyako, who is presiding over Kanu’s criminal trial, had always maintained that visit to him should always be under supervision as it is the best practice all over the world.
He said 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 State Security Service (SSS), to ensure maximum comfort of the 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 State Security Service, all visitors to her facility are subjected to normal routine security checks and items in their possession scanned.
He said this is to avoid unauthorised materials making their way into the facility.
Benye said the instant suit was an abuse of court process, Kanu, having argued the same issues before Justice Nyako and the matter reserved for judgment. The FRN and the AGF, in a counter affidavit, also urged the court to dismiss the suit for being an abuse of court process.
Benye said the instant suit was an abuse of court process, Kanu, having argued the same issues before Justice Nyako and the matter reserved for judgment.
The FRN and the AGF, in a counter affidavit, also urged the court to dismiss the suit for being an abuse of court process.
