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.
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.
TheCable
