Court Discharges Request For DSS DG To Give Oral Evidence On Nnamdi Kanu’s Health
Justice Taiwo Taiwo, of the Federal High Court, Abuja, on Wednesday dismissed a motion filed by leader of the proscribed 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. THE NATION reports.
According to THE NATION, Justice Taiwo held that fundamental rights cases are special cases “sui generis” which mode of commencement are affidavit evidence as prescribed under Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009.
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The judge 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 stipulates affidavit evidence.”
He ruled that after perusing all the affidavits of the applicant and the respondents before him, there were no irreconcilable conflicts in the affidavits. Information Guide Nigeria
The judge declined to grant Kanu’s application and adjourned the matter until April 13 for the hearing of the substantive application. jamb results
Justice Taiwo had, on March 7, fixed today for the ruling on Kanu’s motion, filed by his lawyer, Maxwell Opara.
Opara, in the application, 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 the latter.
Kanu, through his lawyer, had, 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.
He also joined the Attorney-General of the Federation (AGF) as 3rd respondent in the suit dated and filed December 13, 2021.
Opara had alleged that the health of his client was deteriorating in the custody of the DSS custody, among other issues.
The lawyer had filed a motion on notice dated February 14 and brought pursuant to Section 116 of the Evidence Act.