A Federal High Court, Abuja, on Monday, adjourned a fresh N1 billion suit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), against the federal government until 4 March for hearing.
Justice James Omotosho adjourned the matter following the absence of counsel for Mr Kanu in court.
When the case was called, Mr Kanu, who was the applicant, was not represented in court while the defendants’ lawyers were in court.
The News Agency of Nigeria (NAN) reports that Mr Kanu, through his lawyer, Aloy Ejimakor, had filed the latest suit for the enforcement of his fundamental rights while in detention.
In the originating motion dated and filed 4 December, 2023, the applicant sued the Nigerian government, attorney-general of the federation (AGF), State Security Service (SSS) and its director-general 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.
Reliefs Kanu is seeking
In the motion, the detained IPOB leader prayed for eight reliefs.
Mr Kanu is seeking 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 is seeking 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 SSS 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.
He is also seeking 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.
Mr Kanu 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.
The IPOB leader, therefore, is seeking 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 of injunction restraining and prohibiting the respondents from their act of refusing or preventing the applicant’s counsel from taking notes of details of counsel’s professional discussions/consultations with the applicant during the counsel’s visitation with the applicant at the premises of respondents’ detention facility.
“An order of injunction restraining and prohibiting the respondents from their act of eavesdropping on the applicant’s confidential consultations/conversations with his lawyers on matters relating to preparation of applicant’s defence during the lawyers’ visitations with the applicant at the detention facility.”
Mr Kanu is also seeking an order compelling the respondents to issue an official letter of apology to him for the infringement of his fundamental right to fair hearing.
He is also seeking the court to make 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 his rights’ breach.
What government lawyer told court
Meanwhile, the counsel for the federal government and the attorney-general of the federation, Enoch Simon, a chief state counsel from the Federal Ministry of Justice, told the court that they were only served with the hearing notice.
Mr Simon said they had not been served with the originating process in the matter. He said he came to court out of respect for the court.
Counsel for the SSS, Idowu Awo, corroborated Mr Simon’s statement.
“We were not served as well,” he said.
Justice Omotosho adjourned the matter until 4 March for hearing, and ordered that a hearing notice be issued and served on the applicant.
The Deputy Speaker of the House of Representatives, Benjamin Kalu, says the South-east region must achieve peace and security before demanding the release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu.
Mr Kalu said this while speaking with journalists in his Bende country home on Sunday.
He spoke on how best the region could approach its demand for Mr Kanu’s release from detention.
According to him, the region could only realise its objective through peaceful negotiations and not by arm-twisting the federal government.
He said that although the leadership of the South-east region had made several efforts for Mr Kanu’s release, the effort of some amounted to playing to the gallery.
Mr Kalu countered the widely held belief in the South-east that once Mr Kanu is released peace would automatically return to the region.
“To get Kanu released is not about how much you talk about it in the pages of the newspapers or television, it needs strategic thinking and strategic steps to get it done.
“Many thought that by arm-twisting the federal government through sit-at-home every Monday, through violence and destruction, the federal government could immediately release Kanu.
“You can never arm-twist the federal government, but you can dialogue,” Mr Kalu said.
He said that the threat to burn down the region, if the government refuses to listen to its request, was equal to shooting oneself in the foot.
“The houses you are shooting are in the South-east.
“When you say, if you don’t release Kanu, the people will sit at home and not go to work, people are going to work in Lagos, Kano, Sokoto and other parts of the country.
“So, who are you shooting? It’s like a man shooting his own leg and taking accolades for it, and this is the greatest level of folly,” he said.
The deputy speaker also said it would amount to daring the federal government to say “its fire-for-fire and violence for violence”.
‘Tinubu hadn’t committed any sin against South-east’
Mr Kalu further said that President Bola Tinubu had not “committed any sin” against the South-east.
He said that the president, on the contrary, had shown love to the region “by giving us the Number six citizen (deputy speakership), chief of naval staff, and minister for works”.
He, therefore, said that what the South-east should do in the present circumstance was to join his advocacy for peace, through the Peace in the South-east Project, unveiled on 29 December.
“That event, which brought the president, represented by Vice President Kashim Shettima, the Ooni of Ife, Adeyeye Enitan Ogunwusi, Emir of Kano, Aminu Ado Bayero, Emir of Bichi, Nasiru Ado Bayero, to Bende is significant and symbolic because Kanu is from Bende,” he said.
The deputy speaker, therefore, admonished the gunmen fomenting violence in the region to surrender their arms to the security agencies.
He expressed the hope that they would be granted amnesty by the federal government, once they dropped their arms for peace to reign in the region.
NAN
