A federal high court sitting in Abuja has ordered the
Department of State Services (DSS) to grant Nnamdi Kanu, leader of the proscribed
Indigenous People of Biafra (IPOB), access to his medical records and doctors
of his choice.
In a judgement delivered on Thursday, Binta Nyako, presiding
judge, dismissed the objections raised by the DSS for lacking merit.
In the suit marked FHC/ABJ/CS/ 2341/2022, Kanu had prayed
the court for leave to apply for an order of mandamus to compel the DSS to
allow him access to his medical doctors, among others.
A. M. Danlami, counsel to the DSS, had challenged the
jurisdiction of the court to grant the request.
KANU’S FEEDING
SCHEDULE ATTACHED
Danlami insisted that Kanu has been receiving adequate
medical attention in DSS custody.
The counsel said he has attached to his preliminary
objection and counter affidavit, a feeding schedule that shows Kanu’s food
preferences and demands.
He added that an exhibit was also attached to show that the
applicant is “dutifully and clinically on his routine medication”.
But Mike Ozekhome, Kanu’s lawyer, told the court that the
health of his client has greatly deteriorated.
He told the court that a specialised physician hired by the
security agency had issued a dire warning that the IPOB leader would not
survive if denied access to high-quality medical care.
In the judgment, Nyako held that it was within Kanu’s rights
to demand and have access to his medical records and medical practitioners of
his choice.
However, the judge held that the independent medical
examination should be supervised by the DSS, with the entire process recorded
and sealed for security purposes.
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