Tobias Sylvester
A Federal High Court in Abuja has dismissed a motion filed by leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, for the Director-General of the Department of States Services (DSS) to give oral evidence on his state of health.
Nnamdi Kanu Loses Court Case Against DSS DG
KanyiDaily recalls that Kanu had in the suit he filed through one of his lawyers, Mr. Maxwell Opara, accused the DSS of grossly violating his fundamental human rights.
The IPOB leader, who is facing a 15-count treasonable felony charge the Federal Government preferred against him, alleged that a quack doctor engaged by the DSS had taken his blood sample about 21 times without bringing forth any medical report.
Opara, in the application, prayed the court to direct Kanu and the DSS DG to appear before it to give oral evidence regarding the health condition of the IPOB leader.
In his ruling on Wednesday, March 16, Justice Taiwo Taiwo held that fundamental rights cases are special cases “sui generis” which mode of commencement is affidavit evidence as prescribed under Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009.
Justice Taiwo said that though there were various modes of commencement of action, including fundamental right cases, Kanu (applicant) chose to commence his “under the Fundamental Right Enforcement Procedure Rules that stipulate affidavit evidence.”
He ruled that after carefully perusing all the affidavits of the applicant and the respondents before him, he was of the view that there were no irreconcilable conflicts in the affidavits.
The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed. He adjourned the matter until April 13 for the hearing of the substantive application.
KanyiDaily recalls that Justice Binta Nyako of the Federal High Court in Abuja had also fixed April 8 to deliver judgement on the treasonable felony charge against Nnamdi Kanu.
