Justice Omotosho adjourned the matter after Kanu’s counsel, Alloy Ejimakor, indicated his interest in responding to a counter affidavit jointly filed by the DSS and its Director-General.
Justice James Omotosho of the Federal High Court sitting in Abuja, has fixed April 18 for the hearing of the N1billion suit filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Nigerian government and the Department of State Services (DSS).
Justice Omotosho adjourned the matter after Kanu’s counsel, Alloy Ejimakor, indicated his interest in responding to a counter affidavit jointly filed by the DSS and its Director-General.
Gbenga Oladimeji, who appeared for the Nigerian government, had upon resumed hearing of the matter on Monday informed the court that they were yet to file their response on behalf of 1st and 2nd defendants because he had only been notified about the process Monday morning though they had been served since March 6.
He prayed for an adjournment to enable him to respond appropriately, but the DSS lawyer, Abdul Danlami, said they had filed their counter affidavit in opposition to Kanu’s plea.
At that point, Ejimakor sought an adjournment to enable him to file a further affidavit in response to fresh issues raised by the DSS in their counter affidavit and Justice Omotosho adjourned the matter until April 18 for adoption of processes.
Recall that Kanu, through his lawyer, Ejimakor, had filed the latest suit marked: FHC/ABJ/CS/1633/2023 for the enforcement of his fundamental rights while in detention.
The IPOB leader’s lawyer in the originating motion dated and filed December 4, 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 according to Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
Kanu in the motion, prayed for eight reliefs including “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 is wrong,” which according to him, amounted to a 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 the preparation of his defence during the lawyers’ visitations amounted to a 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 detained 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.
He also 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.
“An order compelling the respondents to issue an official letter of apology to him for the infringement of his fundamental right to a fair hearing.
“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 the breach of his rights.”
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