On Wednesday, the Abuja Division of the Federal High Court dismissed a motion filed by IPOB leader Nnamdi Kanu, asking that the Director-General of the State Security Service (SSS) give oral evidence on his state of health.

In his ruling, Justice Taiwo Taiwo held that fundamental rights cases are exceptional 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.

Mr Taiwo said that though there were various modes of commencement of an action, including fundamental right cases, he said Mr 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 believed that there were no irreconcilable conflicts in the affidavits.

The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed.

Mr Taiwo adjourned the matter until April 13 to hear the substantive application.

The judge had, on March 7, fixed Wednesday for the ruling on Mr Kanu’s motion, filed by his lawyer, Maxwell Opara.

Mr Opara, in the application, prayed the court to direct the DG SSS and the IPOB leader to appear before it to give oral evidence regarding the health condition of the latter.

The IPOB leader, through his lawyer, had, in a fundamental rights enforcement suit marked: FHC/ABJ/CS/1585/2021, sued the DG SSS and the office as first and second respondents, respectively.

He also joined the Attorney-General of the Federation (AGF) as a third respondent in the suit dated and filed December 13, 2021.

Mr Opara had alleged that his client’s health was deteriorating in the SSS custody, among others.

(NAN)