Court denies Nnamdi Kanu’s request for DSS boss oral testimony on health status

On Wednesday, a Federal High Court in Abuja dismissed a motion filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra, for the Director-General of the Department of State Services (DSS) to give oral evidence on his health status.

In the ruling, Justice Taiwo Taiwo held that fundamental rights cases are “sui generis” cases whose mode of commencement is affidavit evidence as prescribed by Order 2, Rule 2 of the Fundamental Human Rights Enforcement Procedure Rules, 2009.

Justice Taiwo stated that, while there were various modes of action, including fundamental right cases, Kanu (applicant) chose to begin his “under the Fundamental Right Enforcement Procedure Rules, which stipulate affidavit evidence.”

Justice Taiwo said that though there were various modes of commencement of action, including fundamental right cases, Kanu (applicant) chose to commence his “under the Fundamental Right Enforcement Procedure Rules that stipulate affidavit evidence.”

Taiwo adjourned the matter until April 13 for the hearing of the substantive application.

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