Nnamdi Kanu, the leader of the outlawed Indigenous People of Biafra, brought a basic rights enforcement suit against the Department of State Service (DSS), which was dismissed by the Federal High Court (IPOB).
Justice Taiwo Taiwo rejected the lawsuit on Friday, saying it lacked merit and substance.
According to Anaedoonline.ng, Nnamdi Kanu sued the Director-General of the Department of State Services (DSS) and the agency as first and second respondents in a basic rights enforcement suit designated FHC/ABJ/CS/1585/2021.
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In the complaint filed on December 13, 2021, the Attorney-General of the Federation (AGF) was added as a third respondent.
While addressing the court that his health was worsening in jail, the IPOB leader also accused the secret police of providing him with medical staff who were incompetent.
Idowu Awo, a DSS lawyer, countered that Kanu’s counsel had not demonstrated how the physicians treating his client were “quacks.”
He went on to say that just declaring that the medical professionals his office sent to Kanu were quacks did not constitute a conflict of interest, and that Opara had not shown any proof to substantiate that the listed medical practitioners were quacks.
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AGF’s lawyer, Simon Enoch, backed up Awo’s claim, urging the court to dismiss Opara’s case.
Delivering the judgment, Justice Taiwo held that Kanu had not provided sufficient evidence that his fundamental rights were infringed upon by the DSS.
While also stating that the Biafra activist has the right to practice his religion, Taiwo 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.
On the allegation that the IPOB leader was receiving inadequate treatments from DSS’ doctors whom he had referred to as quacks, Mr Taiwo said that “the applicant 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.”
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Consequently, the judge dismissed the suit for lacking in merit and substance.
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