A Federal High Court in Abuja, on Wednesday, dismissed a motion filed by the leader of the Indigenous People of Biafra, Nnamdi Kanu, for the Director-General of the Department of States Services to give oral evidence on his state of health.

Justice Taiwo Taiwo held that fundamental rights cases were special cases “sui generis,” which mode of commencement was affidavit evidence as prescribed under Order 2, Rule 2 of the Fundamental Human Right Enforcement Procedure Rules, 2009.

Justice Taiwo said though there were various modes of commencement of action, including fundamental right cases, Kanu chose to commence his “under the Fundamental Right Enforcement Procedure Rules that stipulate affidavit evidence.”

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The judge ruled that after carefully perusing all the affidavits of the applicant and those of the respondents, he was of the view that there were no irreconcilable conflicts.

The judge, therefore, declined to grant Kanu’s application, which was accordingly dismissed.

Justice Taiwo adjourned the matter till April 13 for the hearing of the substantive application.