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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has ordered the Department of State Services (DSS) to grant the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, access to a medical doctor of his choice on grounds that he requires urgent ear surgery amidst his reported failing health.
Kanu had in the suit, marked FHC/ABJ/CS/ 2341/2022, argued by his legal team led by Prof Mike Ozekhome, SAN, demanded that his doctors should be allowed to conduct an independent examination on him to ascertain his actual state of health.
In her judgment on Thursday, Justice Binta Nyako held that Kanu was constitutionally entitled to be allowed to access both medical doctors of his choice and his medical records despite being held in custody.
She ordered that any independent medical assessment or examination to be carried out on Kanu by his personal medical experts should be supervised by the DSS, with the whole process recorded and sealed for security purposes.
Justice Nyako also ordered the secret police to also monitor, record and seal all medical sessions administered to the IPOB leader, for security purposes.
The trial judge also dismissed the preliminary objections filed by the DSS challenging the application before it, on grounds that Kanu has the right to medical services even in detention.
The court, in its judgment, also ordered that all Kanu’s medical records be made available to the IPOB leader.
Kanu, who has been in the custody of the DSS since June 2021, is facing terrorism-related charges brought against him by the secret police.
