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From Godwin Tsa, Abuja
The medical panel set up by the President of the Nigerian Medical Association (NMA) to assess the health status of the detained leader of the proscribed separatist group, the Indigenous People of Biafra (IPOB), Nnamdi Kanu is yet to conclude its assignment.
The Abuja division of the Federal High Court had on September 26, ordered the NMA President to among others, empanel a team of medical experts to examine Kanu and ascertain whether or not he is still fit to undergo his ongoing terrorism trial.
The essence of the medical examination was among others, to know weather the medical facility at the Department of the State Service DSS headquarters can cater for Kanu or be moved to the National Hospital as requested by the defendant.
The report is also to determine weather Kanu is fit to stand for continuation of his trial.
At the mention of the case on Wednesday, the lawyer for the prosecution, Suraj Sa’ada (SAN), told the court that he was informed that the medical panel was yet to conclude its assignment.
Sa’ada said the panel plans to do a thorough job and should be given adequate time.
He suggested that the panel be given another one week to enable it conclude its task.
Defence lawyer, Onyechi Ikpeazu (SAN) did not object to the one week adjournment sought by the lawyer to the prosecution, following which Justice James Omotosho adjourned till October 16.
On the main trail, the Federal High Court had in his ruling upheld the position of the Department of State Services (DSS) that Kanu should stand trial for his alleged terrorism-related activities.
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The court rejected a request by the Biafran nation agitator to be transferred from the DSS facility to the National hospital, Abuja, for medical treatment.
Ruling on a no-case submission filed by Kanu’s counsel, Onyechi Ikpeazu, SAN, Justice James Omotosho held that a prima facie case of engaging in terrorism activities has been established against the detained IPOB leader.
The Court stated that a no-case submission was an option open to the defence to make at the end of the submission by the prosecution.
Justice Omotosho held that at the stage of trial, the court was bound to consider if there is a prima facie case (requiring an explanation from the defendant) and not proof beyond reasonable doubt.
He, therefore, ruled that there is a prima facie case of engaging in terrorism activities against Kanu and ordered him to open his defence. The judge said it is in Kanu’s interest to clear his name of allegations of wrongdoing.
In declining Kanu’s request to be transferred from the facility of the Department of State Services (DSS) to the National hospital, Abuja, for medical care, the court ordered President of Nigerian Medical Association (NMA) to set up a team of experts to determine the true health condition of the detainee.
Members of the medical team, the court ruled, must include a cardiologist, a neurologist, and the CMD of National Hospital, Abuja. In addition, thr team shall be at liberty to use of any medical facility for the purpose of carrying out its findings.
The report of the panel, ordered the court, shall be signed by the chairman and secretary within eight days of the ruling and filed in the court, Justice Omotosho ruled.
