Justice James Omotoso ruled that Nnamdi Kanu failed to provide evidence showing that his conversations with his lawyers were bugged by the DSS or that his lawyers were prevented from taking notes during their discussions.
Consequently, Justice Omotoso determined that there was no proof that Kanu was denied a fair hearing, as claimed in his suit. The court therefore dismissed the case for lack of merit.
Kanu, through his lawyer Aloy Ejimakor, had filed the N1 billion suit marked FHC/ABJ/CS/1633/2023, seeking the enforcement of his fundamental rights while in detention.
The originating motion, dated and filed December 4, 2023, named the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS, and its Director-General as the 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.
Kanu sought a declaration that the respondents’ act of forcibly seizing and photocopying confidential legal documents brought to him by his lawyers at the DSS detention facility amounted to a denial of his right to be defended by legal practitioners of his choice.
He also sought a declaration that the respondents’ act of preventing his counsel from taking notes during their professional consultations with him constituted a denial of his right to be given adequate facilities for the preparation of his defense.
