Nnamdi Kanu’s lawsuit against DSS is dismissed

nnamdi kanu's lawsuit against dss is dismissed
nnamdi kanu’s lawsuit against dss is dismissed

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), filed a fundamental rights enforcement suit against the Department of States Services on Friday, which was dismissed by a Federal High Court in Abuja (DSS).

Justice Taiwo Taiwo dismissed the lawsuit because it lacked merit and substance.

The News Agency of Nigeria (NAN) reports that Kanu, through his attorney Maxwell Opara, filed a fundamental rights enforcement suit against the Director-General (DG) of DSS and the office as the first and second respondents, respectively.

In addition, he joined the Attorney-General of the Federation (AGF) as the third defendant in the complaint filed on December 13, 2021.

Nnamdi Kanu had argued, among other things, that his health was worsening in DSS detention and that the DSS had appointed unqualified medical personnel to care for him.

However, the DSS, through its attorney Idowu Awo, did not agree with Opara.

He argued that Kanu’s attorney had failed to demonstrate that the physicians treating his client were performing “quackery.”

Moreover, he stated that merely claiming that the medical professionals his office appointed to treat Kanu were quacks did not constitute a conflict, and he added that Opara had provided no proof to substantiate that the named medical practitioners were quacks.

He requested the court to reject the application.

The attorney for the AGF, Simon Enoch, supported Awo’s argument and urged the court to deny Opara’s request.

As there is no evidence of torture before the court, Justice Taiwo ruled that Kanu had not shown adequate evidence that the security group had violated his constitutional rights.

On Kanu’s right to follow his religion, the judge stated that while the applicant (Kanu) has the constitutional right to practise his religion in jail, a suspect in custody cannot be permitted to practise his religion in a manner that disturbs the quiet of other suspects.

Regarding the allegation that the IPOB leader was receiving insufficient care by quack DSS physicians, Taiwo stated that “the applicants fail to present proof by calling a medical practitioner to convince the court that, based on the medical report, Kanu is receiving inadequate treatment.”

In light of the lack of merit and substance, the judge dismissed the case.

In a conversation with NAN, Oprara said shortly after the judgement that an appeal would be filed with the Court of Appeal.

According to him, the judge denied the application he filed requesting that the DG of DSS and Kanu testify orally in court to determine the truth of the incident.

The 16th of March, according to NAN, Justice Taiwo denied Opara’s plea to compel the DG of DSS and Kanu to testify.

In his decision, Justice Taiwo ruled that fundamental rights issues are exceptional cases (sui generis) for which affidavit evidence is required under Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009.

Justice Taiwo stated that although though there were a number of ways to file a lawsuit, Kanu chose to file his “under the Fundamental Right Enforcement Procedure Rules, which requires affidavit proof”

After examining the affidavits of the applicant and the respondents, he determined that there were no irreconcilable contradictions.

As a result, the judge was dismissed for denying Kanu’s request.

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