Court Adjourns Nnamdi Kanu’s Suit Against SSS Till May 22

 

The Federal High Court in Abuja, has warned against further delays in the suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the State Security Services (SSS).

The judge, Binta Nyako, gave the warning before adjourning the hearing until 22 May.

The hearing could not go on due to SSS counsel, Idowu Awo’s request for more time to respond to a further affidavit in the case.

Mr Awo requested more time to file a response to a filing served on him by Mr Kanu’s lawyer, Mike Ozekhome.

It was gathered that Nnamdi Kanu, who is detained by SSS over terrorism and treasonable felony charges instituted against him by the federal government, sued the SSS and its Director General as 1st and 2nd respondents in the matter.

Nnamdi Kalu was first arrested in 2015 and was later charged over his separatist campaigns for the independent Biafra Republic comprising mainly the Igbo-dominated South-east region.

The Court of Appeal in Abuja dismissed the charges against the IPOB leader in a judgement last year, but later gave permission allowing SSS to continue detaining him, pending the federal government’s appeal at the Supreme Court.

A five-member panel of the Supreme Court led by John Okoro, last week fixed May 11 (today) for the hearing of the case 

Nnamdi Kanu, in his suit marked FHC/ABJ/CS/ 2341/2022, urged the Federal High Court in Abuja for permission to apply for an order of mandamus to compel the SSS to allow him unhindered access to his medical doctor, among others.

The court had, on 1 February granted Nnamdi Kanu, the permission to apply for an order of mandamus he sought in an ex-parte motion filed on his behalf by Mr Ozekhome, a Senior Advocate of Nigeria (SAN).

But in a preliminary objection filed by the SSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.

It argued that there was a subsisting judgement of a sister court delivered by Taiwo Taiwo on 3 June 2022 in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of SSS and two others, wherein the court dealt substantially with the issue of allowing the IPOB leader access to his personal physician.

It said the instant suit was similar to the earlier one and that Nnamdi Kanu had filed an appeal against the judgement.

At the resumed hearing on the matter, Mr Ozekhome informed the court that he had responded to the SSS’ notice of preliminary objection.

After Mr Awo applied for an order for the extension of time to file their processes, Mr Ozekhome prayed for a consequential order deeming their further affidavit as duly filed. The court granted both requests.

But Mr Awo, who said he was just being served with the further affidavit, said he would need more time to study the document whether fresh facts had been raised.

He said the document contained 60 paragraphs with 15 other sub-paragraphs embedded in them.

“It is also accompanied by a judgement from Abia State as an exhibit.

“In this circumstance, we will be asking for a short day,” he said.

Mr Ozekhome, however, said his filing was to reject SSS’ allegation in its counter-affidavit that Nnamdi Kanu jumped bail.

“We have to respond to that (to explain the) circumstances under which he left Nigeria and those facts had been validated by Abia court in Umuahia,” he responded.

The senior lawyer said they were forced to serve the further affidavit on Tuesday because the SSS served them on Friday.

He said the security outfit was in the habit of serving them with their processes late to delay the hearing.

The judge, Binta Nyako, in a short ruling for an adjournment, said she would not tolerate any act that might delay proceedings any longer.

“I will not allow this case to be truncated in the next adjourned date.

“There must be an end to the exchange of processes,” she said.

The judge adjourned the matter until 22 May for a hearing.

Binta Nyako was handling the trial before the Court of Appeal in Abuja dismissed the charges last year.

It was gathered that Nnamdi Kanu, who was rearrested in Kenya and brought back to Nigeria in June 2021, was facing treasonable felony charges before fleeing Nigeria in September 2017.