A Federal High Court sitting in Abuja, on Monday, May 22, adjourned a suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Department of State Services (DSS) for adoption of processes.
The matter was fixed for June 20, 2023, by the court registrar for adoption of applications filed by parties following the absence of Justice Binta Nyako in court.
Justice Nyako was said to have gone for an official assignment.
The judge had, on May 3, warned lawyers to the DSS and Kanu against truncating proceedings in the next adjourned date.
Justice Nyako gave the warning following the day’s proceeding that could not go on due to an oral application by DSS counsel, Idowu Awo, seeking more time to respond to a further affidavit served on him by Kanu’s lawyer, Mike Ozekhome, SAN, in the open court.
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Kanu, through his team of lawyers, had sued the DSS and its Director General as 1st and 2nd respondents in the matter.
Kanu, in the suit marked FHC/ABJ/CS/ 2341/2022, prayed the court for permission to apply for an order of mandamus to compel the DSS to allow him have unhindered access to his medical doctor, among others.
The court had, on February 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 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 Justice Taiwo Taiwo on June 3, 2022, in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of DSS 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 Kanu had filed an appeal against the judgement.
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