.Dismisses appeal over unlawful arrest, detention
A Federal High Court, Abuja, yesterday, fixed April 18 for 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 Department of State Services (DSS).
Justice James Omotosho adjourned the matter after Kanu’s counsel, Alloy Ejimakor, indicated his interest in responding to a counter affidavit jointly filed by the DSS and its Director-General (DG).
Upon resumption of the hearing, Gbenga Oladimeji, who appeared for the federal government, informed the court that they were yet to file their response on behalf of 1st and 2nd defendants, because he was only been notified about the process this morning though they had been served since March 6.
Oladimeji prayed for an adjournment to enable him to respond appropriately. But the DSS lawyer, Abdul Danlami, said they had filed their counter affidavit in opposition to Kanu’s plea.
Ejimakor then sought an adjournment to enable him to file a further affidavit in response to fresh issues raised by the DSS in their counter affidavit, and Justice Omotosho adjourned the matter until April 18 for adoption of processes.
The News Agency of Nigeria reports that Kanu, through his lawyer, Ejimakor, had filed the latest suit marked: FHC/ABJ/CS/1633/2023 for enforcement of his fundamental rights, while in detention.
In the originating motion dated and filed December 4, 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.
Meanwhile, the Court of Appeal sitting in Abuja, yesterday, dismissed the appeal brought before it by Felix Okonkwo, one of Kanu’s lawyers, over his unlawful arrest and detention by the Police and DSS.
Justice Okon Abang dismissed the appeal for lacking in merit. Delivering judgement, yesterday, on the appeal, Abang held that the appellant failed to establish miscarriage of justice in the judgment of a High Court of the Federal Capital Territory (FCT), Abuja, in the matter.
Felix Okonkwo, Ikenna Chibuike and Okafor Ugochukwu, who were appellants in the appeal, then plaintiffs, had dragged the Nigeria Police Force (NPF) and the DSS before the High Court for the enforcement of their fundamental human rights.
They specifically accused the two security agencies of violating their fundamental rights by their unlawful arrest and detention on September 27, 2021, during which they claimed they were tortured, harassed and intimidated, while in the custody of the Police.
Justice Samaila Bature had, in his judgment delivered on March 24, 2022, found the Police liable for the unlawful arrest and detention of the appellants, and, subsequently, imposed a fine of N2 million against the Police to be paid to the appellants.
Justice Bature, however, did not make any order against the DSS, because the appellants, then plaintiffs, did not disclose any cause of action against the DSS.
Not satisfied with the findings and judgement of the High Court, the three plaintiffs approached the Court of Appeal, praying for an order to hold that the DSS was also culpable in their arrest and detention.
