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 (Kanu’s) state of health.
Ruling on Wednesday, Justice Taiwo 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.
Justice Taiwo said that though there were various modes of commencement of action, including fundamental right cases, he said Kanu 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.
The case was adjourned until April 13 for the hearing of the substantive application.
Justice Taiwo had on March 7 fixed March 16 for the ruling on Kanu’s motion, filed by his lawyer, Maxwell Opara.
