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Alleged rights breach: Court dismisses Nnamdi Kanu’s N1bn suit
A Federal High Court, Abuja, on Monday, dismissed a N1 billion suit filed by Nnamdi Kanu, detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government and Department of State Services (DSS).
Justice James Omotosho, in a judgment, held that Kanu failed to provide credible evidence to back his alleged violation of his fundamental rights by the defendants.
Justice Omotosho held that the claims, that Kanu was denied unhindered access to his lawyers by the operatives of the Department of State Service (DSS) and that the officials eavesdropped on his conversations with his lawyers in the preparation of his defence, could not be established.
The News Agency of Nigeria (NAN) reports that the IPOB leader through his lawyer, Aloy Ejimakor, had sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its DG as 1st to 4th respondents respectively.
In the originating summons marked: FHC/ABJ/CS/1633/2023, dated and filed Dec. 4, 2023, the applicant prayed for eight reliefs.
He sought “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 also sought a declaration that the respondents’ act of preventing his counsel from taking notes of details of counsel’s professional discussions/consultations with him at DSS detention was unlawful.
He further sought a declaration that the respondents’ act of eavesdropping on his confidential consultations/conversations with his lawyers, amounted to denial of his right, among others.
Kanu, therefore, 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.
He also sought 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, among others.
But in a counter affidavit dated and filed by the DSS on March 12, the security outfit denied allegations levelled against it.
In the application deposed to by Yamuje Benye, a Legal Department staff, he said 11 paragraphs in Kanu’s affidavit were untrue.
He averred that Kanu was in safe and secured custody of the DSS and he Is not detained in solitary confinement.
According to Benye, the applicant (Kanu) is allowed access to his family members and team of lawyers on his visiting days without any hindrance whatsoever.
He argued that the IPOB leader was permitted to interact and consult with his lawyers on his visiting days without any interference.
He said at no material time did any DSS personnel seized or confiscated documents brought to Kanu by his lawyers or any other person.
He added that their personnel never denied Kanu’s lawyers the professional liberty to perform their lawful duty of discussing, consulting and interacting with him.
“Applicant’s counsel are allowed to moderate size notes or pads for the visit, but exchange of materials that promotes the IPOB ideals (subject matter of applicant’s criminal trial) were strongly resisted and refused.
Applicant has consistently requested that various prayer books and religious materials be brought to him as part of his fundamental human right;” he said.
Benye averred that Justice Binta Nyako, who is presiding over Kanu’s criminal trial, had always maintained that visit to him should always be under supervision as it is the best practice all over the world.
According to him, the applicant (Kanu), along with his counsel, were permitted to consult and interact on visiting days in one of the best interview facilities of the DSS to ensure maximum comfort of applicant and his visitor(s).
The official, who denied allegations that the personnel usually record their interaction during visit, said “there is no basis for eavesdropping and recording of their conversations.”
He said in line with the Service Standard Operation Procedure (SOP) of the State Security Service, all visitors to her facility are subjected to normal routine security checks and items in their possession scanned.
According to him, this is to avoid unauthorised materials making their way into the facility.
Benye said the instant suit was an abuse of court process, Kanu, having argued same issues before Justice Nyako and the matter reserved for judgment.
The FRN and the AGF, in a counter affidavit, also urged the court to dismiss the suit for being an abuse of court process.(NA
The Independent National Electoral Commission (INEC), has denied being partisan in handling the failed recall of the Senator representing Kogi Central, Senator Natasha Akpoti-Uduaghan.
The Chief Press Secretary to the Chairman of INEC, Rotimi Oyekanmi, who was on Channels Television’s Politics Today on Thursday, explained how the Commission handled the process.
“In the case of the Kogi Central District, we received a petition and a cover letter and of course what Nigerians were saying was that we were taking sides,” Oyekanmi said on the programme.
“But what happened was that in the covering letter, the representatives of the petitioners did not include their address as required in our regulations and guidelines and what we just did was to ask them to supply their address, it has nothing to do with the petition.
“And of course, there is nowhere in the law where INEC is asked to reject a petition just because the cover letter did not contain the address. So, there was no hanky-panky in what we did.”
Earlier on Thursday, INEC rejected the petition to recall Senator Akpoti-Uduaghan, saying that it has not met the requirements.
The electoral commission said the petition to recall Senator Natasha did not meet constitutional requirements.
Senator Natasha was suspended for breaching Senate rules, prompting some of her constituents to initiate her recall. They claimed the move was to ensure their constituency did not lack representation following the suspension of the 45-year-old senator.
Asked whether there could be a repeat of the recall process, the INEC spokesperson said the law did not specify if the process could be repeated and how many times.
“The law just talks about the threshold, the threshold meaning that if you want to recall, you must have, in addition to your petition, 50 per cent plus one signatures. The law did not specify how many times you can undertake that,” he said.
The lawmaker has made headlines in recent months after she accused Senate President Godswill Akpabio of sexual harassment, a claim the Akwa Ibom lawmaker has equally denied.
She was thereafter suspended by the Red Chamber for violation of its rule of conduct.
The National Security Adviser, Mallam Nuhu Ribadu, has handed over 19 kidnapped victims rescued by the security agencies to the Chief of Defence Staff, General Christopher Musa.
The brief ceremony took place on Thursday at the National Counter Terrorism Centre (NCTC), Office of the National Security Adviser in Abuja.
The victims included Ambassador Gideon Yohanna, the former Director-General of National Youth Service Corps (NYSC), Brigadier-General Maharazu Tsiga (retired) who had spent 56 days in captivity and 17 others, including a child.
Both Ribadu and Musa pledged to remain relentless until the criminals are wiped out and normalcy restored in the country.
“As a result of the work of our armed forces and other security services, we are able to rescue and bring back our own people,” he said.
“This time, it involves important personalities who served this country. We thank God for their lives, we are grateful to those who made it possible.
“This is an ongoing operation and we are doing it quite silently, we will go after the bad ones.”
Senator Natasha Akpoti-Uduaghan on Thursday applauded the Independent National Electoral Commission (INEC) for rejecting a petition to recall her as the lawmaker representing Kogi Central Senatorial District.
The female lawmaker, who was a guest on Channels Television’s Politics Today, said the electoral umpire should have thrown out the petition long before it did on April 3, 2025.
“I’m a lawyer. I’m a senator and I understand how Nigeria works. For me, the most important thing is this recall process has been stalled.
“I give kudos and credit to INEC even though I believe they should have thrown it away from the get-go.
“I think it was void ab initio because there is no law in the Electoral Act that says a petition should be discarded just because there is no address but again, what if the address is false?”
The Peoples Democratic Party (PDP) chieftain argued that most of the addresses provided in the petition for her recall were false because most houses in her district weren’t labelled.
“Even though INEC did count 208,000 signatures, I bet you if they had gone into the verification stage, they would have struggled to even have 500 people come out to attest to signing that,” she added.
She accused Senate President Godswill Akpabio, Governor Usman Ododo and ex-governor Yahaya Bello of sponsoring her failed recall.
In a much-awaited statement on Thursday, INEC said the petition for the recall of the lawmaker did not met the requirement of Section 69(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“Therefore, no further action shall be taken on the recall of the Senator,” INEC declared.