A Federal High Court in Abuja, on Monday, fixed April 18 for hearing of the N1 billion suit filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Federal Government and the Department of State Services (DSS).
Justice James Omotosho adjourned the case after Kanu’s counsel, Alloy Ejimakor, indicated his interest to respond to a counter affidavit jointly filed by the DSS and its Director-General (DG).
Upon resumed 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 being notified about the process on Monday though they had been served since March 6.
Oladimeji prayed for an adjournment to enable him 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 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.
Kanu had through his lawyer, Ejimakor, filed the latest suit for the 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, Attorney-General of the Federation (AGF), DSS and its DG as 1st to 4th respondents respectively.
In the motion, the detained IPOB leader prayed for eight reliefs to include, 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.
But in a counter affidavit dated and filed by the DSS on March 12, the security outfit denied allegations levelled against it.
In the application deposed to by Yamuje Benye, a Legal Department staff, he said 11 paragraphs in Kanu’s affidavit were untrue and that Kanu is allowed access to his family members and team of lawyers on his visiting days without any hindrance whatsoever.
Editor: Paul Akhagbemhe