Again, court dismisses Nnamdi Kanu’s suit against DSS

Forum 9 months ago

Again, court dismisses Nnamdi Kanu’s suit against DSS

The Federal High Court in Abuja, on Thursday, dismissed a fundamental rights enforcement suit filed by the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, to challenge his continued detention by the Department of State Services.

Delivering judgment, Justice James Omotosho,held that Kanu’s suit lacked merit and ought to be dismissed.

In the suit marked: FHC/ABJ/CS/482/2022, Kanu had alleged that the DSS subjected him to inhuman treatment and torture; and violated his right to dignity, among others.

He alleged that whereas the security outfit allowed other inmates in their custody the liberty to wear any clothes, he was restricted to wearing only a single piece of clothing.

Besides, he claimed that he was denied the right to wear any clothes of his choice like the Igbo traditional attire called “Isi-Agu,” while in the DSS facility or any time he appeared in court for his trial.

Among other reliefs, he sought an order directing the respondents to allow him to put on any clothing of his choice while in the facility or when appearing in public.

Responding through a counter-affidavit, the DSS and its DG urged the court to dismiss Kanu’s claim on the premise that their operatives had never tortured Kanu in any manner while in their custody.

The security service also said they never breached his right to human dignity as alleged by the IPOB leader.

They said the Isi-Agu attire, popularly called chieftaincy attire, was not a suitable dress for persons in detention facilities and was against its SOP.

They said that the facility was not a recreational centre or traditional festival where Kanu and other suspects would be allowed to adorn themselves in their respective traditional attires.

They denied that other suspects were allowed to put on any clothing of their choice, including Hausa and Yoruba traditional wear.

Furthermore, they accused Kanu’s family of bringing traditional attires and other clothing with Biafra insignias and a pair of red shoes decorated with shining beads for him to wear in custody and also to attend court for his trial.

“That in line with global best practices, persons in the 1st and 2nd respondents’ facility are allowed to wear only plain clothes which do not bear symbols, writings, colours and insignias that are offensive to any religion, ethnic group or even the Nigeria state in general.”

According to DSS, the clothes have colours of the non-existing Biafra Republic, which is the subject matter of the applicant’s criminal trial.

Delivering the judgment, Justice Omotosho held that the right to human dignity is related to the right against torture, and inhuman treatment, among others.

However, he said, based on the evidence before the court, Kanu’s case did not relate to torture or forced labour.

He said a right to dignity was not a right to change clothes as an inmate in a prison.

He said, “The applicant cannot come to court to seek rights which are not in the constitution.”

Besides, Justice Omotosho held that Kanu bore the burden of proving his case with evidence and not merely bare facts.

He held that Kanu failed to provide the photographs and names of inmates who were allowed to wear different attires while in custody.

The judge, consequently, dismissed the suit for lacking merit.