Justice James Omotoso held that Kanu failed to show evidence that his conversation with his lawyers was bugged by the DSS or that his lawyers were stopped from taking notes from him during the conversation.
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Justice Omotoso therefore held that there was no evidence before him to show that Kanu was denied a fair hearing as claimed in his suit.
Consequently, the court dismissed the suit for lacking in merit.
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Kanu had, through his lawyer, Aloy Ejimakor, filed the N1b illion suit marked: FHC/ABJ/CS/1633/2023 for the enforcement of his fundamental rights while in detention.
In the originating motion dated and filed December 4, 2023, the applicant sued the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), DSS and its DG 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.
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In the motion, the detained IPOB leader prayed for, “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 refusing or preventing his counsel from taking notes of details of the counsel’s professional discussions/consultations with him at DSS detention.
According to him, this amounted to denial of his right to be given adequate facilities for the preparation of his defence by legal practitioners of his own choice.
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