- Justice Omotosho adjourned the matter to March 18
The Federal High Court in Abuja has adjourned Nnamdi Kanu’s N1billion suit against the Nigerian government and the Department of State Service (DSS) to March 18.
The suit, filed for the enforcement of Kanu’s fundamental rights while in DSS custody, was marked FHC/ABJ/CS/1633/2023. Kanu, leader of the Indigenous People of Biafra (IPOB), is represented by Aloy Ejimakor, and the suit was filed under Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009.
In the motion, Kanu among other things prayed the court 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.
“A declaration that the respondents’ act of refusing or preventing his counsel from taking notes of details of counsel’s professional discussions/consultations with him at DSS detention, with said discussions/consultations relating to preparation of his defence amounted to denial of his right to be given adequate facilities for the preparation of his defence by legal practitioners of his own choice.
“A declaration that the respondents’ act of eavesdropping on his confidential consultations/conversations with his lawyers on matters relating to preparation of his defence during the lawyers’ visitations amounted to denial of applicant’s right to be given adequate facilities for the preparation of his defence and to be.defended by legal practitioners of his own choice.”
The IPOB leader described the acts as illegal, unlawful, unconstitutional and constituted an infringement of his fundamental right to fair hearing as enshrined and guaranteed under Section 36(6)(b) & (c) of the 1999 Constitution (as amended) and Article 7(1)(c) of the African Charter on Human and Peoples Rights.
Therefore, he further 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.
On Monday at the resumed hearing, counsel to the defence, I.I. Hassan, told the court that they were yet to be served with processes in the matter.
In response, Kanu’s lead counsel, Alloy Ejimakor, told the court that everything needed for the service of their processes on the defence had been perfected.
Ejimakor wondered why the originating motion and other applications were yet to be served on the defence by the bailiff.
After listening to both lawyers, Justice Omotosho adjourned the matter to March 18.