Again, Court throws out Kanu’s suit challenging DSS custody
Federal High Court, Abuja, Thursday, dismissed a fundamental rights enforcement suit filed by detained leader of the pro-secession group in the South East region, the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Department of State Services (DSS).
Delivering his ruling, Justice James Omotosho, in a judgment, held that Kanu’s suit lacked merit and ought to be dismissed.
Kanu, in the suit marked: FHC/ABJ/CS/482/2022 and filed by his lawyer, had sued the Director General of DSS, DSS, and the Attorney-General of the Federation as 1st to 3rd respondents respectively.
In the suit, the IPOB leader alleged that the DSS subjected him to different inhuman treatments, including denying him his right to wear any clothes of his choice like the Igbo traditional attire called “Isi-Agu,” while in their facility or any time he appeared in court for his trial.
He alleged that the security outfit while allowing other inmates in their custody the freedom to choose and wear any clothes of their choice, was restricted to wearing only a single clothing.
The applicant also accused the DSS of subjecting him to torture, breaching his right to dignity, among others.
He, therefore, sought an order directing the respondents to allow him to put on any clothing of his choice while in the facility or when appearing in public, among other reliefs.
However, in a counter affidavit filed by the DSS and its DG, they urged the court to dismiss Kanu’s claim.
They said that their operatives had not and had never tortured Kanu either physically or mentally while in their custody.
According to the DSS, the applicant (Kanu) is kept in their facility where every other suspect is kept, as the security agency also denied that other suspects were allowed to put on any clothing of their choice, including Hausa and Yoruba traditional wear.
They said that the facility was not a recreational centre or traditional festival where Kanu and other suspects would be allowed to adore themselves in their respective traditional attires.
They argued that there is a Standard Operation Procedure (SOP) on dress code by persons in their facilities.
“That in line with global best practices, persons in the 1st and 2nd respondents’ facility are allowed to wear only plain clothes which do not bear symbols, writings, colours and insignias that are offensive to any religion, ethnic group or even the Nigeria state in general,” they said.
