Justice James Omotosho postponed the matter due to the absence of Kanu’s counsel in court.

When the case was called,  Kanu, the applicant, was not represented, while the lawyers for the defendants were present in court.

Recall that Kanu, through his lawyer Aloy Ejimakor, filed the latest suit marked FHC/ABJ/CS/1633/2023 for the enforcement of his fundamental rights while in detention. 

The suit, dated and filed on December 4, listed the Federal Republic of Nigeria (FRN), Attorney-General of the Federation (AGF), Department of State Service (DSS), and its Director-General as the 1st to 4th respondents respectively.

The suit was filed in accordance with Order II, Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, among others. Mr. Kanu sought eight reliefs in the motion.

He requested a declaration that the seizure and photocopying of confidential legal documents by the respondents, pertaining to facilitating the preparation of his defense, violated his rights to be defended by legal practitioners of his own choice.

Additionally, he sought declarations regarding the prevention of his counsel from taking notes during professional discussions, eavesdropping on confidential consultations with his lawyers, and alleged infringements on his right to fair hearing.

Furthermore, Kanu sought injunctions to restrain the respondents from such acts and demanded an official apology, along with a joint payment of N1 billion in damages for mental, emotional, and psychological suffering caused by the breach of his rights.

The counsel for the Federal Republic of Nigeria and Attorney General of the Federation, Enoch Simon, a Chief State Counsel from the Federal Ministry of Justice, informed the court that they were only served with the hearing notice and had not received the originating process in the matter. He clarified that his appearance was out of respect for the court.Similarly, the DSS lawyer, Idowu Awo, supported Simon’s statement, confirming that they had not been served with the necessary documents.

Justice Omotosho adjourned the matter until March 4 for hearing and ordered that a hearing notice be issued and served on the applicant.