IPOB: Court declines to summon DSS DG for evidence of Kanu’s ill health
The Federal High Court sitting in Abuja, on Wednesday, dismissed an application the detained leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, filed for the Director-General of the Department of State Services, DSS, to be summoned to give oral evidence on his state of health.
The court, in a ruling that was delivered by Justice Taiwo Taiwo, held that the IPOB leader failed to establish why the suit he filed to enforce his fundamental rights, should be transferred to the general cause list so as to enable the DSS boss to mount the witness boss.
It held that there was no conflict in the affidavit evidence that Kanu, the DSS and the Attorney-General of the Federation, Mr. Abubakar Malami, SAN, already filed and exchanged in the matter.
The court said it was not minded to call for oral evidence in a fundamental right enforcement suit.
Consequently, instead of granting the application, Justice Taiwo, fixed April 13 to hear Kanu’s substantive case against the DSS.
The embattled IPOB leader had in the suit he did through one of his lawyers, Mr. Maxwell Opara, accused the DSS of grossly violating his fundamental human rights.
He alleged that a doctor engaged by the security agency, extracted his blood over 21 times.
Kanu, who is currently facing a 15-count treasonable felony charge the Federal Government preferred against him, bemoaned that despite an order of the court, he was neither allowed to have a change of clothe nor to practice his religion in detention.
Cited as respondents in the suit marked FHC/ABJ/CS/1585/21, are the DG of the DSS, the DSS and the AGF.
The suit was supported by an affidavit of urgency that was deposed to by Kanu’s younger brother, Emmanuel.
Opara had alleged that the health of his client was deteriorating in DSS custody.
Relying on section 116 of the Evidence Act, he argued that there were conflicts in a counter affidavit the DSS filed in opposition to the suit, insisting that only theoral evidence of the DG of the security agency could clarify the issue.
“We want to call both Kanu and the DG of DSS to testify before this court.
“We urge my lord to allow the parties to call oral evidence in this matter because the Applicant complained that a quack doctor from DSS has taken his blood sample about 21 times without bringing forth any medical report,” Opara submitted.
However, the DSS, through its lawyer, Mr. I. Awo, urged the court to decline the application, insisting that Kanu failed to prove that the doctors that attended to him were quacks.
He argued that merely stating that the medical doctors his office assigned to attend to Kanu were quacks, did not amount to conflict.
“It is important to note that the Applicant has not denied the above assertion by the Respondents neither has he shown by material particulars that the listed medical practitioners are quacks.
“The onus lies on the Applicant to via a further affidavit, establish that fact,” Awo added.
He told the court that the IPOB leader previously jumped bail and was subsequently re-arrested and re-arraigned.
Awo said that there was no court order that granted Kanu “unrestricted access to his personal physician while in the facility of the 1st and 2nd Respondents”.
“If there is such order, the applicant has the option to produce same in a further affidavit”, he submitted.
He contended that dismissing the application would not in any way, prejudice Kanu’s suit.
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