July 1, (THEWILL)- The Federal High Court, Abuja, has dismissed a fundamental rights enforcement suit filed against the Federal Government and the Department of State Services (DSS), by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
Kanu had, through his lawyer, Aloy Ejimakor, filed a 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 1st to 4th respondents respectively.
The suit was filed pursuant to Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
In the motion, Kanu prayed for, “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 refusing or preventing his counsel from taking notes of details of the counsel’s professional discussions/consultations with him at DSS detention. This, he said, amounted to denial of his right to be given adequate facilities for the preparation of his defence by legal practitioners of his own choice.
Justice James Omotoso, in his ruling on Monday, held that there was no evidence before him to show that Kanu was denied a fair hearing as claimed in his suit.
The court held that Kanu failed to show evidence that his conversation with his lawyers was bugged by the DSS or that his lawyers were stopped from taking notes from him during the conversation.
Consequently, the court dismissed the suit for lacking in merit.
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