Nnamdi Kanu’s suit against DSS, AGF gets February 28 date

The Federal High Court Abuja has adjourned a fundamental rights enforcement suit filed by detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, against the Department of State Security Service (DSS), it’s Director General, and the Attorney General of the Federation and Minister of Justice, to February 28.

In the suit currently before Justice Taiwo Taiwo of the Federal High Court in Abuja, Kanu sued the DSS and AGF on allegation bordering on poor medical attention being giving to him in the detention facility of the DSS.

The suit marked FHC/ABJ/CS/1585/21, was filed on behalf of Kanu by a member of his legal team, Barrister Maxwell Opara.

By the suit, the applicant among other things wants an order of court directing the Respondents to immediately allow him to appoint an independent medical practitioner of his choice from a certified government hospital to review his medical files.

Kanu also is seeking an order to allow him access to facility and material for the practice of his religion.

The applicant also is praying the court to direct the respondents to immediately remove him from solitary confinement.

Further more, Kanu is seeking a perpetual injunction restraining the Respondents, their authorized agents from further disturbing or interfering with his rights to dignity of human person and freedom thought, conscience and religion or in any way infringing on his constitutional rights as guaranteed by law or from making any attempt capable of violating his rights as guaranteed under the Constitution.

Among other reliefs, the applicant wants a declaration “That notwithstanding that the Applicant is in the Respondents’ detention facility, the actions of the Respondents in keeping the Applicant in solitary confinement, providing him with quack and incompetent medical services and depriving him his right to have access to his medical reports amounts to mental torture and concomitantly subjects the Applicant to inhuman and degrading treatment, thus a gross violation of the Applicant’s right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.”

In an affidavit deposed to by Emmanuel Kanu, it was averred, “That despite the fact that there is a subsisting order of court that he should have unrestricted access to the medical practitioner of his choice, that the Respondents are still preventing him from enjoyment quality medical care.”

Emmanuel said he paid a routine visit to the Applicant at the Respondents’ detention facility on 9th day of December, 2021 at about 3pm in presence of Habila G.Turshak Esq and he told him that the Medical Practitioner that has so far attended to him is the one he suspected to be an incompetent one and the Respondents have denied him access to his medical reports and records.

When the matter came up for mentioning, it was discovered that the DSS was yet to serve it’s counter affidavit on the applicant’s lawyer.

On its part, the AGF’s office filed a motion for extension of time within which to file its counter affidavit in opposition to the suit.

In the meantime, Justice Taiwo has adjourned till February 28 for hearing.