Court Dismisses N1 Billion Suit by Nnamdi Kanu Against FG

In a significant legal development, the Abuja Federal High Court has dismissed a N1 billion lawsuit brought by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), against the Federal Government and the Department of State Services (DSS).

The lawsuit, filed under originating summons number FHC/ABJ/CS/1633/2023, accused the DSS of breaching Kanu’s fundamental rights.

Kanu, represented by his attorney Aloy Ejimakor, filed the lawsuit on December 4, 2023, seeking eight reliefs. These included declarations that the DSS’s actions of intercepting his private communications with his legal team, seizing and photocopying legal documents, and preventing his attorneys from taking notes were violations of his rights. Kanu also sought N1 billion in damages for alleged mental and emotional distress, and an injunction to stop these actions.

Justice James Omotosho, presiding over the case, dismissed Kanu’s claims on the grounds of insufficient evidence. According to Justice Omotosho, Kanu failed to provide reliable proof to substantiate his allegations of fundamental rights breaches by the DSS. The court found that the assertions made by Kanu, particularly regarding the interception of his private conversations with his attorneys and restricted access to them, lacked the necessary evidence.

In response to Kanu’s allegations, the DSS filed a counter-affidavit on March 12. The agency contended that Kanu had regular, unrestricted access to his family and legal counsel and was not subjected to solitary confinement. The DSS maintained that Kanu’s consultations with his attorneys were conducted in an unbiased manner and in line with best practices. The agency asserted that no legal documents were confiscated and that standard security protocols, which include monitoring to prevent unauthorized materials from entering the facility, were followed without infringing on Kanu’s rights.

Yamuje Benye, a member of the DSS legal department, affirmed in the affidavit that Kanu was held in safe and secure custody and was free to consult his attorneys without hindrance. Benye emphasized that there was no eavesdropping on Kanu’s conversations with his legal team, and his requests for religious texts and other personal items were accommodated.

The court also noted that similar issues were being addressed in a different case presided over by Justice Binta Nyako, who is overseeing Kanu’s ongoing criminal trial. Justice Nyako has highlighted the importance of security personnel accompanying visitors to Kanu, adhering to global standards for such high-profile cases.

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The Federal Government and the DSS argued that Kanu’s lawsuit was an abuse of the legal system, a point with which the court concurred. Consequently, the lawsuit was dismissed, aligning with the Federal Government and DSS’s position that Kanu’s claims were without merit and already being addressed in ongoing legal proceedings.

This ruling marks a critical juncture in the legal battles surrounding Nnamdi Kanu and underscores the judiciary’s stance on the alleged breaches of his fundamental rights by state security agencies.