Kanu claimed that the DSS and its Director General hindered his right to a fair hearing by preventing his lawyers from having unhindered access to him during his detention, crucial for preparing his defense in his criminal trial. This lawsuit, marked FHC/CS/1633/2023, was central to his arguments.

However, Justice Omotosho ruled that Kanu did not provide sufficient evidence to support his claims. The judge stated that Kanu failed to prove that his interactions with his lawyers were impeded, that he was denied unrestricted access to his legal counsel, and that DSS officials eavesdropped on his conversations with his lawyers, thus breaching his right to a fair hearing.