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The IPOB leader said that the suit was filed pursuant to Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
A Federal High Court sitting in Abuja has adjourned hearing on a fresh N1billion suit filed by the detained leader of of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the President Bola Tinubu-led Nigerian Government till March 4.
Justice James Omotosho on Monday adjourned the case following the absence of counsel for Kanu in court.
It was reported that when the case was called, Kanu, the applicant was not represented in court while the defendants’ lawyers were in court.
Recall that Kanu, through his lawyer, Barrister Aloy Ejimakor, had filed the latest suit marked: FHC/ABJ/CS/1633/2023 for the enforcement of the IPOB leader’s fundamental rights while in detention in the Department of State Service (DSS) custody.
Kanu in the originating motion dated and filed before the court on December 4, 2023, listed the Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), State Security Service (SSS), and its Director-General as 1st to 4th respondents.
The IPOB leader said that the suit was filed pursuant to Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
In the suit, Kanu 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 further sought 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.
The IPOB leader also sought 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.
He 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.
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.
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