Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Peterobiisathie(f): 6:47pm On Jun 03, 2022 |
A Federal High Court, Abuja, on Friday, dismissed the fundamental rights enforcement suit filed by leader of the prosrcibed Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Department of States Services (DSS).
Justice Taiwo Taiwo, in a judgment, dismissed the suit for lacking in merit and substance.
The News Agency of Nigeria (NAN) reports that Kanu, through his lawyer, Maxwell Opara, had, in a fundamental rights enforcement suit marked: FHC/ABJ/CS/1585/2021, sued the Director-General (DG) of DSS and the office as 1st and 2nd respondents respectively.
He also joined the Attorney-General of the Federation (AGF) as 3rd respondent in the suit dated and filed Dec. 13, 2021.
Kanu had alleged that his health was deteriorating in the DSS custody, while also alleging that the medical personnel assigned to attend to him by the DSS were unqualified, among others.
But the DSS, through its counsel, Idowu Awo, disagreed with Opara.
He argued that Kanu’s lawyer had not shown how the doctors attending to his client were doing “quack” work.
He further argued that merely stating that the medical doctors his office assigned to attend to Kanu were quacks did not amount to conflict, adding that Opara had not shown any material evidence to prove that the listed medical practitioners were quacks.
He prayed the court to discountenance the application.
The AGF’s lawyer, Simon Enoch, also corroborated Awo’s submission, praying the court to reject Opara’s application.
Delivering the judgment, Justice Taiwo held that Kanu had not provided sufficient evidence that his fundamental rights were infringed upon by the security outfit “as there is no proof of torture before the court.”
On Kanu’s right to practise his religion, the judge said that while the applicant (Kanu) had the constitutional right to practice his religion in custody, he agreed with the position of the respondent (DSS) that a suspect in custody cannot be allowed to practise his religion in such a way that would disturb the peace of other suspects in custody.
On the allegation that the IPOB leader was receiving inadequate treatments from DSS’ doctors whom he had referred to as quacks, Taiwo said that “the applicants fails to lead evidence by calling a medical practitioner to convince the court that based on the medical report, the treatment giving to Kanu is inadequate.”
Consequently, the judge dismissed the suit for lacking in merit and substance.
Reacting shortly after the ruling, Oprara, in a chat with NAN, said the judgment would be appealed against at the Court of Appeal.
He said the motion he filed praying the court for the DG of DSS and Kanu to give oral evidence in court to ascertain the fact of the matter was rejected by the judge.
NAN reports that Justice Taiwo had, on March 16, dismissed the motion filed by Opara, asking the court to summon the DG of DSS and Kanu to give evidence.
Taiwo, in the ruling, 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 (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 was no irreconcilable conflicts in the affidavits.
The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed https://thenationonlineng.net/court-dismisses-nnamdi-kanus-fundamental-rights-suit-against-dss/ 9 Likes 3 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by successmatters(m): 6:48pm On Jun 03, 2022 |
Long live Mazi Nnamdi Hero Kanu. 52 Likes 6 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Peterobiisathie(f): 6:50pm On Jun 03, 2022 |
Mazi Tinubu will likely give Kanu amnesty 18 Likes 3 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by BelieveThat: 6:52pm On Jun 03, 2022 |
Believe that 20 Likes 1 Share |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by udele1: 6:53pm On Jun 03, 2022 |
49 Likes 10 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Balkan(m): 6:54pm On Jun 03, 2022 |
Tinubu urches will perching on this thread like flies around shithole. 20 Likes 3 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by jlinkd78(m): 6:54pm On Jun 03, 2022 |
Following 1 Like 1 Share |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Indispensable85(m): 6:55pm On Jun 03, 2022 |
Peterobiisathie: A Federal High Court, Abuja, on Friday, dismissed the fundamental rights enforcement suit filed by leader of the prosrcibed Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Department of States Services (DSS).
Justice Taiwo Taiwo, in a judgment, dismissed the suit for lacking in merit and substance.
The News Agency of Nigeria (NAN) reports that Kanu, through his lawyer, Maxwell Opara, had, in a fundamental rights enforcement suit marked: FHC/ABJ/CS/1585/2021, sued the Director-General (DG) of DSS and the office as 1st and 2nd respondents respectively.
He also joined the Attorney-General of the Federation (AGF) as 3rd respondent in the suit dated and filed Dec. 13, 2021.
Kanu had alleged that his health was deteriorating in the DSS custody, while also alleging that the medical personnel assigned to attend to him by the DSS were unqualified, among others.
But the DSS, through its counsel, Idowu Awo, disagreed with Opara.
He argued that Kanu’s lawyer had not shown how the doctors attending to his client were doing “quack” work.
He further argued that merely stating that the medical doctors his office assigned to attend to Kanu were quacks did not amount to conflict, adding that Opara had not shown any material evidence to prove that the listed medical practitioners were quacks.
He prayed the court to discountenance the application.
The AGF’s lawyer, Simon Enoch, also corroborated Awo’s submission, praying the court to reject Opara’s application.
Delivering the judgment, Justice Taiwo held that Kanu had not provided sufficient evidence that his fundamental rights were infringed upon by the security outfit “as there is no proof of torture before the court.”
On Kanu’s right to practise his religion, the judge said that while the applicant (Kanu) had the constitutional right to practice his religion in custody, he agreed with the position of the respondent (DSS) that a suspect in custody cannot be allowed to practise his religion in such a way that would disturb the peace of other suspects in custody.
On the allegation that the IPOB leader was receiving inadequate treatments from DSS’ doctors whom he had referred to as quacks, Taiwo said that “the applicants fails to lead evidence by calling a medical practitioner to convince the court that based on the medical report, the treatment giving to Kanu is inadequate.”
Consequently, the judge dismissed the suit for lacking in merit and substance.
Reacting shortly after the ruling, Oprara, in a chat with NAN, said the judgment would be appealed against at the Court of Appeal.
He said the motion he filed praying the court for the DG of DSS and Kanu to give oral evidence in court to ascertain the fact of the matter was rejected by the judge.
NAN reports that Justice Taiwo had, on March 16, dismissed the motion filed by Opara, asking the court to summon the DG of DSS and Kanu to give evidence.
Taiwo, in the ruling, 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 (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 was no irreconcilable conflicts in the affidavits.
The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed
https://thenationonlineng.net/court-dismisses-nnamdi-kanus-fundamental-rights-suit-against-dss/ This one will die in prison 24 Likes 5 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Golan007: 6:55pm On Jun 03, 2022 |
I no tell you? 50 Likes 7 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Nobody: 6:56pm On Jun 03, 2022 |
Lol 1 Like |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Howtoday(f): 7:02pm On Jun 03, 2022 |
Ok |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by SultanOfPuna: 11:03pm On Jun 03, 2022 |
Slava Nnamdi Kalu
13 Likes 2 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Lanre4uonly(m): 11:04pm On Jun 03, 2022 |
Noted. |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Gatekeepers: 11:04pm On Jun 03, 2022 |
Okay |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by iCauseTrouble: 11:04pm On Jun 03, 2022 |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Sunofgod(m): 11:04pm On Jun 03, 2022 |
Expected |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by TheNiceGuy(m): 11:04pm On Jun 03, 2022 |
Terrorist asking for right!
Besides, This one will grow old in the zoo prison with the looks of thing 48 Likes 5 Shares |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by ATEAMS: 11:05pm On Jun 03, 2022 |
Ok |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Poolmin: 11:05pm On Jun 03, 2022 |
Kanu should rest abeg 6 Likes 2 Shares |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Iseolu: 11:05pm On Jun 03, 2022 |
Is alright |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Hoedogwu(f): 11:05pm On Jun 03, 2022 |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Hoedogwu(f): 11:05pm On Jun 03, 2022 |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by Khaysee: 11:06pm On Jun 03, 2022 |
We just have to |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by GODPUNISHALABI: 11:06pm On Jun 03, 2022 |
Balkan: Tinubu urches will perching on this thread like flies around shithole. they need something to kool down after the several blows they ve been collecting 5 Likes |
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Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by UrPapa: 11:06pm On Jun 03, 2022 |
Balkan: Tinubu urches will perching on this thread like flies around shithole. Lol. U no mention buhari or osinbajo in power, you’re mentioning Tinubu that’s still fighting with primaries 6 Likes 1 Share |
Re: Court Dismisses Nnamdi Kanu’s Fundamental Rights Suit Against DSS by rieng0(m): 11:06pm On Jun 03, 2022 |
how much good has his strategy brought to the east so far?. 4 Likes 3 Shares |