From Ado Abubakar Musa, Jos
The Jos division of Court of Appeal, has dismissed an appeal pending before it filed by the Department of State Services (DSS), against the judgement of Federal High Court Bauchi division.
Justice Mrs, Ukechuku Onyemenam, dismissed the appellant appeal for; “lack of diligent prosecution.”
The DSS had appealed against the judgement of Federal High Court, delivered on 2nd February, 2018 in suit No. FHC/J/CS/18/2018, in favour of plaintiff, Musa Ibrahim Umar, .
The plaintiff Counsel, Akibu Idris, has challenged the DSS, over abuse of his client’s fundamental human rights, that the DSS, have in 2016 shot him with gun and inflicted serious injuries on his leg.
He sought the High Court to judge that the invasion of his room at Bukuru in JOS South LGA, and shooting his body was “unconstitutional,” and to also grant, an order compiling the DSS, to pay him the sum of ten million naira, as damage, which it did.
However, the DSS sought the Court of Appeal, to set aside the judgement and order that the; “judge erred.”
But Counsel Akibu Idris, in a motion on notice pursuant, to order 7 rules 18 (1), of the Court of Appeal, sought for the dismissal of the notice of appeal 2016.
He told the court that the appellants, have “failed, refused and neglected to compile and transmits records within the time stipulated by the rules of this honourable court.”
Justice Onyemenam, said that the appellants failed to attend the court despite being served with hearing notice, the court, “hereby grant the respondent/applicant prayer 1, and also dismissed the plaintiff’s notice of appeal.”
