Alleged Fundamental Rights Breach: Court Dismisses Nnamdi Kanu’s Suit Against DSS…

Justice James Omotosho of the Federal High Court, Abuja, has dismissed a fundamental rights enforcement suit filed by the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, against the Department of State Services (DSS).

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

Justice Omotosho held that right to human dignity is contained in Section 34 of the 1999 Constitution. He said it was clear that a right to human dignity related to right against torture, inhuman treatment, among others.

The judge held that Kanu’s case did not relate to torture or forced labour as he was never tortured while in custody based on the evidence before the court.

He said a right to dignity was not a right to change clothes as inmate in a prison.
“The applicant cannot come to court to seek for rights which are not in the constitution,” he said.

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

He said the onus was on him to prove his case but the applicant merely rely on bare facts without any evidence.

He described the IPOB leader’s allegations as “an hypothesis without concrete evidence.”

The judge, consequently, dismissed the case for lacking in merit.