Connect with us

Law & Crime

Alleged rights breach: Court dismisses Nnamdi Kanu’s N1bn suit By George Mgbeleke

Published

on

 

An Abuja Federal High Court,  on Monday, struck out a N1 billion suit filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government and Department of State Services, DSS.
Justice James Omotosho, in a judgment, held that Kanu failed to provide credible evidence to back the alleged violation of his fundamental rights by the defendants.
Justice Omotosho held that the claims that Kanu was denied unhindered access to his lawyers by the operatives of the Department of State Service (DSS) and that the officials eavesdropped on his conversations with his lawyers in the preparation for his defence, could not be established.
The IPOB leader, through his lawyer, Aloy Ejimakor, had 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 summons marked: FHC/ABJ/CS/1633/2023, dated and filed Dec. 4, 2023, the applicant prayed for eight reliefs.
He sought “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 preventing his counsel from taking notes on the details of counsel’s professional discussions/consultations with him at DSS detention was unlawful.
He further sought a declaration that the respondents’ act of eavesdropping on his confidential consultations/conversations with his lawyers amounted to denial of his right, among others.
Kanu, therefore, sought 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.
He also sought an order mandating the respondents to jointly and severally pay the sum of N1 billion as damages for the mental, emotional, psychological, and other damages he suffered as a result of his rights’ breach, among others.
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 staffer, he said 11 paragraphs in Kanu’s affidavit were untrue.
He averred that Kanu was in safe and secured custody of the DSS and that he was not detained in solitary confinement.
According to Benye, the applicant (Kanu) is allowed access to his family members and team of lawyers on his visiting days without any hindrance whatsoever.
He argued that the IPOB leader was permitted to interact and consult with his lawyers on his visiting days without any interference.
He said at no material time did any DSS personnel seize or confiscate documents brought to Kanu by his lawyers or any other person.
He added that their personnel never denied Kanu’s lawyers the professional liberty to perform their lawful duty of discussing, consulting, and interacting with him.
“Applicant’s counsel are allowed to moderate size notes or pads for the visit, but exchange of materials that promote the IPOB ideals (subject matter of applicant’s criminal trial) were strongly resisted and refused.
The applicant has consistently requested that various prayer books and religious materials be brought to him as part of his fundamental human right,” he said.
Benye averred that Justice Binta Nyako, who is presiding over Kanu’s criminal trial, has always maintained that visits to him should always be under supervision, as it is the best practice all over the world.
According to him, the applicant (Kanu), along with his counsel, were permitted to consult and interact on visiting days in one of the best interview facilities of the DSS to ensure maximum comfort of applicant and his visitor(s).
The official, who denied allegations that the personnel usually record their interaction during visits, said “there is no basis for eavesdropping and recording of their conversations.”
He said, in line with the Service Standard Operation Procedure (SOP) of the State Security Service, all visitors to her facility are subjected to normal routine security checks, and items in their possession scanned.
According to him, this is to avoid unauthorised materials making their way into the facility.
Benye said the instant suit was an abuse of court process. Kanu, having argued same issues before Justice Nyako, reserved the matter for judgement.
The FRN and the AGF, in a counter affidavit, also urged the court to dismiss the suit for being an abuse of court process.
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Law & Crime

Niger CJ frees 45 awaiting trial inmates of Suleja’s Prison custody 

Published

on

By

 

By Uthman Baba-Al-Naseer, Minna

A total of Forty Five inmates on awaiting trial and Convicts have breath the air of freedom during the visit of the Chief Judge of Niger State, Justice ♎ Halima Ibrahim Abdulmalik statewide working visit to Correctional Centres

The Chief Judge commenced the four days working visit on the 6th,March 2025 in Suleja Federal Medium Correctional centre where five convicts were pardoned for being remorseful while serving their jail terms.

Justice Halima Ibrahim Abdulmalik,in continuation of the visit to bring relief to the correctional facilities across the state, was at the Minna old Medium Correctional centre between Monday, 10th,and Tuesday,11th,2025 and a total of twelve Convicts were discharged.

Also, the Chief Judge ordered for the summary trial of fourteen others to be given lighter convictions from the date of their arrest and detention in the correctional Custody.

At the Minna new Medium Correctional centre in Tunga, a total of twenty five other inmates standing trial were discharged by the Chief Judge while twelve inmates standing trial on various Offences had their cases reviewed.

Justice Halima Ibrahim Abdulmalik concluded the working visit to Children remand home at Angwan Daji where she released five under aged children two among them were kidnapped.

Equally,the Chief judge granted bail to two siblings Anas Umar,and Mubarak Umar who were arrested at Gauraka in Tafa Local government area of Niger State.

They were alleged to have been in possession of aluminum believed to have been stolen and sold to scrap dealers (Yan gwongwon).

The Chief Judge directed the Ministry of women affairs to take the adoption of the two siblings with the aim of keeping them in their custody for proper upbringings.

Justice Halima Ibrahim Abdulmalik, while expressing her disgust on the increasing rates of crime among juveniles,in the state, she called on parents and guardians to leave up to their responsibility of inculcating proper upbringings to their children.

She noted that the involvement of Anas into crime was initiated by his brother stating that their parents have deviated from their parental responsibilities.

Continue Reading

Law & Crime

Rivers Crisis: State Assembly in another troubled water  ……. Wants DSS to Probe CJ over alleged age forgery 

Published

on

By

By Our Reporter
Barely 24 hours in the fight against the state governor,  Siminalayi Fubara,  Rivers State House of Assembly has called on the Department of State Services (DSS) to investigate the State Chief Judge, Justice Simeon Amadi for alleged age falsification.
The call for investigation of the State Chief Judge was made following a motion by the leader of the Assembly, Hon. Major Jack during plenary on Thursday.
Recall that the Deputy Speaker of Rivers  Assembly, Dumle Maol, had raised an allegation of age falsification against the Chief Judge of the state, Simeon Amadi a couple of days ago.
He said, “These documents before me simply say that the Chief Judge of the state, Justice Simeon Amadi, falsified his age in service. Mr Speaker, that is a very serious allegation, and I do hope that this House takes legislative notice.”
The House debated on the topic and resolved to write a letter to the Director of the DSS to do its investigation and revert to the House on their findings.
In his remark, Speaker of the Assembly, Rt. Hon. Martin Amaewhule, called for an investigation into the alleged age falsification against the state chief judge, Justice Chibuzor Amadi.
Amaehwule also accused the state Governor, Siminalayi Fubara of barring all heads of Ministries, Departments and Agencies not to appear before the House or assist the lawmakers in the conduct of investigations.
He said, “The documents are only suggesting a case of age falsification by the honourable Chief Judge of the state, Simeon Amadi. What it means is that there has to be an investigation to that effect.
“Though the House is empowered to conduct investigation by the provisions of Section 128 of the Constitution, the Governor of the State has barred all heads of Ministries, Departments and Agencies not to appear before the House or assist the House in the conduct of investigation.
“So, the House is calling on the Department of State Service to institute an investigation on the alleged age falsification by the Chief Judge with a view to ascertaining the veracity or otherwise of the allegation, which will be forwarded to the National Judicial Council (NJC).”
After a voice vote, the House eventually agreed to write the DSS to investigate the age falsification allegation against the Chief Judge.
Meanwhile, the Speaker had asked all Committees to endeavour to submit their reports to the House before the House proceeds on recess, particularly, the House Committee on Public Complaints and Petitions.
Continue Reading

Law & Crime

How Kwara’s UBEC N5.78 Billion Funds Was Allegedly Diverted

Published

on

By

CJN of Nigeria, Justice Kudirat kekete -Ekun

 

By Our Reporter

The trial of the immediate past Governor of Kwara State, Alhaji Abdulfatah Ahmed, and his Finance Commissioner, Ademola Banu, over alleged misappropriation of N5.78 billion in public funds continued on Wednesday, March 11, 2024, before Justice Mahmud Abdulgafar of the Kwara State High Court sitting in Ilorin.

At the resumed hearing on Wednesday, the EFCC presented its second witness (PW 2), Dr. Musa Oladimeji Dasuki, a retired Permanent Secretary at the Kwara State Universal Basic Education Board (SUBEB), who served between 2011 and 2020.

Led in evidence by EFCC counsel Rotimi Jacobs, SAN, Dasuki testified that the Kwara State Government, under the leadership of the first defendant as governor and the second defendant as finance commissioner, requested UBEC funds for the years 2013 and 2014 to pay teachers’ salaries.

According to Dasuki: “The then Commissioner for Finance, Ademola Banu, who is the second defendant in this case, initially made an oral request for the release of the 2013 UBEC Matching Grant to pay teachers’ salaries. However, we insisted that such a request must be made in writing. Subsequently, the commissioner sent a letter conveying His Excellency’s approval for the release of the funds. As a result, the money was deposited into the state government’s account domiciled with Skye Bank Plc.”

Dasuki further explained that SUBEB initially opposed the request because they knew it would affect ongoing projects. However, they eventually approved the release after receiving assurances from Banu that the funds would be repaid once the state received its allocation from Abuja.

“A letter was written to that effect from the office of the Commissioner for Finance, signed on his behalf, and the money was released immediately upon receiving the letter,” he added.

Despite the assurances, Dasuki stated that the money was never repaid.

“According to the 2013 action plan submitted to UBEC, the funds were intended for the construction of 40 standard classroom blocks with offices, 40 VIP toilets, and Information and Communication Technology (ICT) centers in primary and junior secondary schools across the 16 Local Government Areas of Kwara State. However, many of these projects could not be executed because the funds had been diverted,” he said.

He further testified that many contractors protested due to non-payment for completed projects.

During cross-examination by Jimoh Mumini, SAN, counsel to the first defendant, Dasuki confirmed that neither the former governor nor the finance commissioner was a member of SUBEB. He also clarified that the loans were obtained on behalf of the state government, not in the defendants’ personal capacities.

Further hearing has been adjourned until Thursday, March 13, 2025.

Continue Reading

Latest

Business & Economy13 hours ago

CPUON Cries out  to FG, calls for Review of PENCON Act ….Seeks upward review of their pension ….As retirees die of hunger, harsh economic situation 

Disturbed by the prolonged neglect of retirees of the public sector, and the paltry amount being paid to Pensioners as...

Law & Crime17 hours ago

Niger CJ frees 45 awaiting trial inmates of Suleja’s Prison custody 

  By Uthman Baba-Al-Naseer, Minna A total of Forty Five inmates on awaiting trial and Convicts have breath the air...

Sports2 days ago

Igali advocates for inclusion of Traditional Wrestling ‘Kuwa’ and Canoeing in National Sports Festival *Receives Bayelsa Athletes at 13th ECOWAS African Wrestling games

  By David Owei, Bayelsa The Bayelsa State Commissioner for Sports Development, Dr Daniel Igali, has called on the National...

Politics2 days ago

IPU cannot consider Natasha’s petition – Jimoh Ibrahim

Senator Jimoh Ibrahim, Chairman of the Senate Inter-parliamentary Committee, remarked that the purported petition from the suspended Senator Natasha is...

Politics2 days ago

Senate moves to establish Early Voting for Nigerians on essential duties during elections …..As Bill scales 2nd reading 

By George Mgbeleke The Senate on Thursday passed to second reading a Bill to amend the Electoral Act to provide...

Law & Crime2 days ago

Rivers Crisis: State Assembly in another troubled water  ……. Wants DSS to Probe CJ over alleged age forgery 

By Our Reporter Barely 24 hours in the fight against the state governor,  Siminalayi Fubara,  Rivers State House of Assembly...

Arts & Life Style2 days ago

Lalong seeks Constitutional roles for traditional rulers, says it’s panacea for insecurity

  By George Mgbeleke Senator Simon Bako Lalong representing Plateau South Senatorial District in the 10th National Assembly has maintained...

Politics2 days ago

No Individual Bigger Than PDP, Says Diri

By David Owei ,Bayelsa Governor of Bayelsa State, Senator Douye Diri, has said that the Peoples Democratic Party (PDP) was...

General News2 days ago

Natasha: Senate passes vote of confidence in Akpabio  …..says sexual harassment allegation is before the court

By George Mgbeleke Satisfied with the way suspension of Senator Natasha Akpoti-Uduaghan (PDP Kogi Central) for misconduct and her sexual...

Law & Crime3 days ago

How Kwara’s UBEC N5.78 Billion Funds Was Allegedly Diverted

  By Our Reporter The trial of the immediate past Governor of Kwara State, Alhaji Abdulfatah Ahmed, and his Finance...

Trending