Abuja, Nigeria – The Federal High Court in Abuja has ordered Adeola Ajayi, the Director-General of the State Security Service (SSS), to appear in court after repeated allegations that the secret police denied legal access to Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
Kanu, who faces terrorism-related charges, has been held by the SSS since his controversial repatriation from Kenya in June 2021. His legal team has persistently argued that the SSS has obstructed their access to Kanu, with a recent report by PREMIUM TIMES revealing that the court threatened to jail the SSS chief if this continued. In a recent statement, Kanu’s special counsel, Aloy Ejimakor, confirmed that the court had issued a “show-cause notice” to the SSS director-general, requiring Ajayi to justify why he shouldn’t face imprisonment for disobeying court orders on Kanu’s legal access.
The notice further referenced a court ruling from May 20, 2024, when Justice Binta Nyako directed that Kanu should be allowed visitors three times a week. Ejimakor claims the summon followed Ajayi’s “refusal” to comply, even after prior warnings to allow Kanu’s lawyers access. On Wednesday, SSS operatives reportedly blocked two of Kanu’s lawyers from visiting him, allegedly acting under Ajayi’s instructions.
Ejimakor also contends that Ajayi may be acting on legal guidance from his private counsel, Asiwaju Adegboyega Awomolo (SAN), operating under the directive of Attorney-General Chief Lateef Fagbemi (SAN). Following an earlier judicial development on September 24, Justice Nyako briefly withdrew from Kanu’s case after Kanu raised concerns of bias. However, after the Chief Justice of Nigeria’s intervention, Justice Nyako resumed the case, though Awomolo subsequently filed a motion arguing that the recusal had rendered all her orders void. Kanu’s legal team countered that if prior orders are invalid, Kanu’s detention order should also be nullified, making his continued detention unconstitutional.
Ejimakor urged the federal government to “follow their own logic” by freeing Kanu. He warned that selective compliance with court orders undermines the rule of law and jeopardizes Kanu’s right to a fair trial, stating, “It is wrong and unconstitutional for the federal government to cherry-pick which orders it will obey.” Kanu’s legal team has pressed for bail or transfer to a less restrictive facility, contending that the SSS environment prevents Kanu from adequately preparing his defense.
Kanu’s prolonged detention has been fraught with repeated accusations against the SSS for obstructing legal access. The Court of Appeal in Abuja ruled in October 2022 that Kanu’s forced rendition from Kenya violated international extradition standards and his fundamental rights, ordering his release. However, the government defied this order, citing security concerns and fear that Kanu might evade trial if released. Subsequently, the Attorney-General’s office appealed, obtaining a stay from the Supreme Court, which in December 2023, overturned the lower court’s acquittal and ordered Kanu’s trial to continue.
Attempts to reach the SSS for comment were unsuccessful, as the secret police recently reassigned its spokesperson, Peter Afunanya, without naming a replacement.
