The suit brought by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS), has been adjourned to June.
POLITICS NIGERIA reports that the Federal High Court in Abuja fixed the new date for the adoption of applications filed by both parties, as Justice Binta Nyako was absent from court due to an official assignment.
Justice Nyako had issued a warning on May 3, cautioning the lawyers representing the DSS and Kanu to ensure smooth proceedings in the next adjourned date being Monday (today).
The warning came after the day’s proceedings were disrupted by an oral application from DSS counsel Idowu Awo, who requested additional time to respond to a further affidavit served by Kanu’s lawyer, Chief Mike Ozekhome, SAN, during the open court session.
In the suit marked FHC/ABJ/CS/2341/2022, Kanu and his legal team sued the DSS and its Director General as the 1st and 2nd respondents, respectively.
Kanu seeks the court’s permission to apply for an order of mandamus, compelling the DSS to grant him unhindered access to his medical doctor, among other requests.
On February 1, the court granted Kanu permission to apply for the order of mandamus through an ex-parte motion presented by Ozekhome.
However, the DSS filed a preliminary objection, asserting that the suit lacks jurisdiction.
The security agency argued that a sister court presided over by Justice Taiwo Taiwo had already rendered a judgment on June 3, 2022, in suit number FHC/ABJ/CS/1585/2021, which extensively addressed the issue of granting Kanu access to his physician.
The DSS further stated that the present suit is essentially identical to the previous one and highlighted that Kanu has already filed an appeal against the judgment.
