By Uche Amunike
A Federal High Court in Abuja has fixed the hearing of a N1 billion suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government and the Department of State Services (DSS), for April 18.
The case was adjourned by Justice James Omotosho, after Kanu’s Counsel, Aloy Ejimakor, stated that he was interested in responding to a counter affidavit that was jointly filed by the DSS and its Director-General.
When the hearing resumed, Gbenga Oladimeji, who represented the federal government stated in court that they were yet to file their response on behalf of the 1st and 2nd defendants, because he had only just been notified about the process that morning, even though they had been served since March 6.
He prayed that the case be adjourned so that he would be able to respond appropriately. However the DSS lawyer, Abdul Danlami said they had filed their counter affidavit in opposition to the plea by Nnamdi Kanu.
This made Kanu’s Counsel seek an adjustment to enable him file a further affidavit in response to fresh issues raised by the DSS in their counter affidavit, making Justice Omotosho adjourn the matter until April 18th so that the processes would be adopted.
According to a report by the News Agency of Nigeria, Nnamdi Kanu has filed a new suit through his lawyer, Aloy Ejimakor. The suit was marked FHC/ABJ/CS/1633/2023, for the enforcement of his fundamental rights while in detention.
Recall that he 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 motion which was dated and filed December 4.
The suit was filed pursuant to Order 2, Rules 1 &2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
Yesterday, the Court of Appeal sitting in Abuja also dismissed the appeal brought before it by one of Nnamdi Kanu’s lawyers, Felix Okonkwo, over his unlawful arrest and detention by the Police and DSS.
The appeal was dismissed by Justice Okon Abang, for lacking in merit. While delivering judgment on the appeal, Abang held that the appellant did not establish miscarriage of justice in the judgment of a High Court of the Federal Capital territory (FCT), Abuja, in the matter.
The appellants in the appeal, Felix Okonkwo, Okafor Ugochukwu and Ikenna Chibuike, then plaintiffs, dragged the Nigerian Police Force (NPF) and the DSS Before the High Court demanding for the enforcement of their fundamental human rights.
They particularly accused both security agencies of violating their fundamental rights by unlawfully arresting and detaining them on September 27, 2021, during which they claimed that they were tortured, intimidated and harassed while in the custody of the Police Force.
In his judgment delivered on March 24, 2022, Justice Samaila Bature found the police liable for the unlawful arrest and detention of the appellants and subsequently imposed a fine of N2m against the police to be paid to the appellants.
However, he made no Order against the DSS because, the appellants, then plaintiffs, did not state any course of action against the DSS. Because the plaintiffs were not satisfied with the findings and judgment of the High Court, they approached the Court of Appeal and prayed for an Order to hold that the DSS was also culpable in their arrest and detention.
