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The Federal High Court in Abuja has scheduled April 18 for the hearing of a N1 billion lawsuit brought by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the federal government and the Department of State Services (DSS).
Justice James Omotosho set the date for the hearing after Kanu’s lawyer, Alloy Ejimakor, expressed his intention to respond to a counter affidavit jointly filed by the DSS and its director-general (DG).
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During yesterday’s resumed hearing, Gbenga Oladimeji, representing the federal government, informed the court that they had not yet filed their response on behalf of the 1st and 2nd defendants because he had only recently been notified about the process, although they had been served since March 6.
Oladimeji requested an adjournment to enable him to respond appropriately. However, the DSS lawyer, Abdul Danlami, stated that they had already filed their counter affidavit opposing Kanu’s plea.
In response, Ejimakor requested an adjournment to allow him to file a further affidavit in response to new issues raised by the DSS in their counter affidavit. Justice Omotosho subsequently adjourned the matter until April 18 for the adoption of processes.
NAN reported that Kanu, through his lawyer, Ejimakor, had filed the latest suit (marked: FHC/ABJ/CS/1633/2023) for the enforcement of his fundamental rights while in detention.
In the originating motion dated and filed on December 4, the applicant sued the Federal Republic of Nigeria (FRN), the Attorney-General of the Federation (AGF), the DSS, and its DG as 1st to 4th respondents respectively.
The suit was filed under Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others.
In the motion, the detained IPOB leader sought eight reliefs, including a declaration that the respondent’s actions constituted an infringement of his fundamental right to a fair hearing.
However, in a counter affidavit filed by the DSS on March 12, the security outfit denied the allegations leveled against it. The DSS maintained that Kanu was in safe and secure custody and was not detained in solitary confinement.
