EDA motion filed by leader of the proscribed Indigenous People of Biafra, (IPOB), Nnamdi Kanu, seeking that the Director-General of the Department of States Services (DSS) to give oral evidence on his state of health, has been dismissed by the Federal High Court, sitting in Abuja.
The Presiding Judge, Justice Taiwo Taiwo, in the ruling on Wednesday averred that the 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.
THE VENT REPUBLIC reports that Justice Taiwo in his ruling on Wednesday affirmed 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.”
Justice Taiwo in his ruling, said 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, and therefore, declined to grant Kanu’s application, dismissing it in the process.
The matter was adjourned by the Presiding Judge till April 13 for the hearing of the substantive application.
THE VENT REPUBLIC recalls that Kanu in a motion through his lawyer, Maxwell Opara prayed the court to direct the DSS DG and the IPOB leader to appear before it to give oral evidence regarding the health condition of Nnamdi Kanu.
In a fundamental rights enforcement suit marked: FHC/ABJ/CS/1585/2021, sued the DG of DSS and the office as 1st and 2nd respondents respectively, while also joining the Attorney-General of the Federation (AGF) as 3rd respondent in the suit dated and filed Dec. 13, 2021.
ED
