By Vivian Okejeme, Abuja
The Federal High Court, Abuja, has refused request of Indigenous People of Biafra (IPOB), Nnamdi Kanu, for the Director-General of the Department of States Services (DSS) to give oral evidence on his state of health.
On the strength of Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009, the court held that fundamental rights cases are special cases “sui generis” which mode of commencement are affidavit evidence.
According to Justice Taiwo Taiwo, though there were various modes of commencement of action, including fundamental right cases, Kanu chose to commence his “under the Fundamental Right Enforcement Procedure Rules that stipulates affidavit evidence.”
He ruled that after perusing all the affidavits of the applicant and the respondents before him, there were no irreconcilable conflicts in the affidavits.
Consequently, he refused the application.
Meantime, the matter is adjourned till April 13, for the hearing of the substantive application.
Kalu had through his counsel, Maxwell Opara, in the application, prayed the court to direct the DSS DG and the IPOB leader to appear before it to give oral evidence regarding the health condition of the latter.
In the motion on notice, he argued, that there were conflicts in the counter affidavit filed by the DSS and that only oral evidence of the DG and Kanu could clarify the issue.
Responding, counsel to DSS, Idowu Awo, submitted that while the judge had powers to call oral evidence of parties, Kanu’s lawyer had not shown how the doctors attending to his client were doing “quack” work.
