A Federal High Court in Abuja has dismissed a motion filed by the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
Kanu’s suit for the Director-General of the Department of States Services (DSS) to give oral evidence on his state of health was dismissed.
Ruling on the matter on Wednesday, Justice Taiwo Taiwo 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.
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 court said that though there were various modes of commencement of action, including fundamental right cases, he noted Kanu (applicant) chose to commence his “under the Fundamental Right Enforcement Procedure Rules that stipulates affidavit evidence.”
The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed.
Taiwo adjourned the matter until April 13 for hearing of the substantive application.