The Federal High Court sitting in Abuja would deliver judgment on July 20, 2023, in the suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Department of State Services (DSS).
The date was fixed by Justice Binta Nyako on Tuesday after Kanu’s counsel, Chief Mike Ozekhome (SAN) and lawyer to the DSS, A.M. Danlami, adopted their processes and presented their arguments for and against the suit.
Kanu in his suit marked FHC/ABJ/CS/ 2341/2022 is seeking a court order mandating the DSS to allow him unhindered access to his doctors.
The court had earlier on Feb. 1, granted Kanu, the permission to apply for an order of mandamus he sought after an ex-parte motion moved by Ozekhome to the effect but in a preliminary objection filed by the DSS, the secret police urged the court to dismiss the suit for want of jurisdiction.
At the resumed hearing, Ozekhome told the court that if Kanu dies in detention it would cause a national commotion, and therefore prayed the court to allow his client access to his doctors in the presence of the security operatives.
He further argued that a defendant, based on the provisions of the law, should stand his trial and not be in a wheelchair while being prosecuted.
“We asked if we could see his medical report and they are refusing and if he dies, this will cause national commotion,” he said.
Ozekhome added that the DSS has also failed to honour previous court judgenents delivered in favour of the IPOB leader.
“In the judgment, the court awarded the sum of N500 million damages against the respondents for illegal rendition of the defendant from Keyan to Nigeria,” he argued.
Besides, he said a Court of Appeal sitting in Abuja had exonerated him in a judgment when it dismissed the remaining seven counts after Justice Nyako struck out eight counts from the 15-count charge earlier preferred against him
“What we they lose to allow an independent doctor to examine him in their presence. “We rely on all the processes to humbly request you to grant our omnibus prayers,” he said.
Ozekhome also countered the allegations that Kanu jumped bail on April 25, 2017 after the court granted him bail, arguing that his client rather escaped a military invasion at his residence, said as soon as he got to Israel, he deposed to an affidavit to the effect.
“We filed a counter of five paragraphs. In the instant case, there are two respondents, but in the suit they referred to, there were three respondents.
“So on the issue of parties, they failed.
“On subject matter, this suit is seeking an order of judicial review by way of mandamus but in the other suit, it was filed for the enforcement of his fundamental rights and not judicial reviews.
“The former suit sought 11 reliefs but ours has two reliefs,” he said.
However, the lawyer for the DSS, Danlami urged the court to dismiss Kanu’s plea for lack of jurisdiction.
The lawyer said in their counter affidavit with four exhibits, one of the exhibit showed that Kanu was physically and clinically sound.
“We urge my lord to dismiss this suit in the interest of justice and national interest,” he said.
After listening to the parties, Justice Nyako adjourned the matter until July 20 for judgment.