December 13, (THEWILL) – Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has dragged the Department of State Service (DSS) before the Federal High Court in Abuja, alleging gross violation of his fundamental rights.
His counsel, Maxwel Opara, who filed the suit on his behalf alleged that a doctor engaged by the security agency has extracted Kanu’s blood over 21 times.
Kanu alleged that despite a court order, he has neither been allowed to have a change of clothing nor to practice his religion in detention.
Cited as Respondents in the suit marked FHC/ABJ/CS/1585/21 are the DSS director-general and the Attorney-General of the Federation.
The suit was supported by an affidavit of urgency that was deposed by Kanu’s younger brother, Emmanuel.
Briefing newsmen shortly after he filed the suit, Opara said his client complained to him that he suspects the doctor provided by the DSS is a quack.
He said Kanu alleged that his demand for the security agency to grant him access to his medical record has been repeatedly refused.
The affidavit in support of the suit, read in part: “The Applicant is a Nigerian citizen who is entitled to the enjoyment of the fundamental rights enshrined in chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Article 5 and 8 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.”
“The Respondents have deprived the Applicant access to facility and material to practice his faith and ultimately prevented the Applicant from praying and/or practicing his faith, and the aforesaid constitute a breach of the Applicant’s right to practice his religion.”
“The Respondents prevented the Applicant from having access to a medical practitioner and legal practitioner of his choice.”
“The Respondent subjected the Applicant to solitary confinement which is a form of mental and physical torture and as such subjects the Applicant to inhuman and degrading treatment and in turn constitutes a violation of Section 34(1)(a) Constitution of the Federal Republic of Nigeria 1999 as amended and Article 5 of the African Charter on Human and People Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.”
“The Applicant’s right not to be subjected to inhuman and degrading treatment and torture/humiliation is enshrined in Section 34(1)(a) Constitution of the Federal Republic of Nigeria 1999 as amended and Article 5 of the African Charter on Human and People Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.”
“Order (ii) Rule (i) of the Fundamental Rights (Enforcement Procedure) Rules 209 empowers any person who alleges that any of the fundamental rights to which he is entitled to is being, has been, or is likely to be infringed upon to apply to the court for redress.”
“The Respondents have no justification to have subjected the Applicant to indignity, humiliation, mental torture, and inhuman and degrading treatment.”
The suit is, among other things, seeking, “An order directing the Respondents to immediately allow the Applicant access to facility and material for the practice of his religion.”
“An order of this court directing the Respondents to immediately allow the Applicant to appointing an independent Medical Practitioner of his choice from a certified government hospital to review the Applicant’s medical files.”
“An order directing the Respondents to allow the Applicant access to a medical practitioner of his choice and a legal practitioner of his choice.”
“An order of this court directing the Respondent to immediately remove the Applicant from solitary confinement.”
“An order of perpetual injunction restraining the Respondents, their authorized agents by whatever name so-called, from further disturbing or interfering with the rights of the Applicant to the dignity of the human person and freedom thought, conscience and religion or in any way infringing on the constitutional rights of the Applicant as guaranteed by law or from making any attempt capable of violating the Applicant’s rights as guaranteed under the Constitution.”
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