The Federal High Court, Abuja Division has issued a warning to attorneys for the State Security Service (SSS) and Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), against cutting short the proceedings on the next adjourned date.
Justice Binta Nyako gave the warning following –
Wednesday’s proceeding could not go on due to an oral application by SSS counsel, Idowu Awo, who sought more time to respond to a further affidavit served on him by Mr Kanu’s lawyer, Mike Ozekhome, SAN, in the open court.
The case filed by Nnamdi Kanu
Mr Nnamdi Kanu, through his team of lawyers, had sued the SSS and its director general as first and second respondents in the matter.
The IPOB leader, in the suit, marked FHC/ABJ/CS/ 2341/2022, prayed to the court 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 February 1, permitted Mr Nnamdi Kanu to apply for an order of mandamus he sought after an ex-parte motion moved by Mr Ozekhome to the effect.
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 Justice Taiwo Taiwo on June 3, 2022, in suit number: FHC/ABJ/CS/1585/2021 between Mr 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 Mr Nnamdi Kanu had filed an appeal against the judgment.
Upon 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 also prayed for a consequential order deeming their further affidavit as duly filed and they were granted by the court.
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 was 60 paragraphs but embedded in 15 paragraphs.
“It is also accompanied with a judgement from Abia State as an exhibit,” he said. “In the circumstance, we will be asking for a short day.”
Mr Ozekhome, however, said that in the counter affidavit filed by the security agency, they alleged that Mr Nnamdi Kanu jumped bail.
“We have to respond to the circumstances under which he left Nigeria and those facts had been validated by the 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.
Justice Nyako, while delivering 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,” Ms Nyako said. “There must be an end to the exchange of processes.”
The judge adjourned the matter until May 22 for a hearing.
