Justice Taiwo Taiwo, in the ruling, held that fundamental rights cases are special cases “sui generis” which mode of commencement is affidavit evidence as prescribed under Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009.
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.”
He ruled that after carefully perusing all the affidavits of the applicant and the respondents before him, he was of the view that there were no irreconcilable conflicts in the affidavits.
The judge, therefore, declined to grant Kanu’s application and was accordingly dismissed.
Taiwo adjourned the matter until April 13 for the hearing of the substantive application.
Justice Taiwo had, on March 7, fixed today for the ruling on Kanu’s motion, filed by his lawyer, Maxwell Opara.
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.
He also joined the Attorney-General of the Federation (AGF) as 3rd respondent in the suit dated and filed Dec. 13, 2021.
Opara had alleged that the health of his client was deteriorating in the DSS custody, among others.
Opara had filed a motion on notice dated Feb. 14 and brought pursuant to Section 116 of the Evidence Act.
He argued, in the last adjourned date, 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.
