A Federal High Court, Abuja, has 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.
Justice Taiwo Taiwo, ruling on Wednesday, held that
fundamental right 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.
Justice Taiwo said that though there were various modes of
commencement of action, including fundamental right cases, he said Kanu
(applicant) chose to commence his “under the Fundamental Right Enforcement
Procedure Rules that stipulates 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.
Taiwo adjourned the matter until April 13 for the hearing of
the substantive application.
Recall that 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.
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