A Federal High Court in Abuja has ruled to dismiss the fundamental rights enforcement suit filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS) for alleged rights violation.
In his judgment on Thursday, Justice James Omotosho determined that Kanu’s suit lacked merit as he failed to substantiate his claim of rights violation by the security agency. The case was filed with the respondents listed as the Director General of DSS, DSS, and the Attorney-General of the Federation (AGF).
Kanu, who is currently in DSS custody, alleged various inhumane treatments, including being denied the right to wear traditional attire known as “Isi-Agu” while in the DSS facility or during court appearances.
He further asserted that he was restricted to wearing only one pair of clothing while other detainees enjoyed the freedom to choose their attire. Justice Omotosho stated that the right to human dignity, as protected by Section 34 of the Constitution, is closely linked to the prohibition of torture and inhuman treatment.
The judge concluded that Kanu’s case did not involve torture or forced labor, as there was no evidence presented to substantiate claims of torture during his detention. Additionally, Justice Omotosho clarified that the right to dignity does not encompass the right to change clothes as an inmate in a prison.
He added: “The applicant cannot come to court to seek rights which are not in the constitution.”
Justice Omotosho ruled that the applicant failed to present evidence in the form of photographs and names of inmates who were permitted to wear different clothing while in custody.
Furthermore, the judge emphasized that the burden of proof rested with Kanu to substantiate his claims “a hypothesis without concrete evidence”. Justice Omotosho deemed the applicant’s assertions as mere bare facts without any supporting evidence.
