Namdi Kanu Health Deteriotating- Lawyer Raises Alarm Over DSS Manhandling Of IPOB Leader
Justice Binta Nyako of a Federal High Court, Abuja, has adjourned till July 20, 2023, for judgment in the suit filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking access to his personal doctors.
The judge fixed the date for judgment shortly after lawyers to parties argued for and against the granting of the request.
The IPOB leader who has been in the custody of the Department of State Service (DSS) since his re-arrest nearly two years ago, is challenging the refusal of the agency to allow him have unhindered access to his private physicians.
At the resume hearing yesterday, the agency which is challenging the jurisdiction of the court to grant the request, disclosed that the security agency had earlier filed both a preliminary objection and a counter-affidavit to query the legal competence of Kanu’s suit.
The DSS predicated its objection on the grounds that Kanu had been receiving adequate medical attention in custody, adding that there was a feeding schedule that reflected the IPOB leader’s demands for his choice of food.
The DSS’ lawyer, Mr. A. M. Danlami, in addition submitted that Kanu has been, “dutifully and clinically on his routine medication.”
“We, therefore, urge this honourable court to dismiss this suit in the interest of justice and national security,” Danlami added.
Responding, Kanu’s lawyer, Prof. Mike Ozekhome, informed the court that the health of his client had deteriorated badly, accusing the DSS of refusing to allow him to get an independent medical examination. He told the court that a specialist doctor that was engaged by the security agency had warned that the IPOB leader could die if he was not allowed to have access to quality health care.
“All we are saying is, let this young man not die. They told us that they took his medical report to South Africa. But till date, we have not seen anything.
“Now they are talking about conducting ear surgery on him. The Supreme Court has repeatedly said that a man should be alive to be able to stand trial.
“This case has taken international colouration and this court can save this country this opprobrium by ordering them to release his medical records.
“We have equally attached certified true copy of the judgement of a high court in Umuahia which awarded N500 million damages for the extra-ordinary rendition of the Applicant from Kenya.
“We humbly seek my lords’ intervention in this matter. We are seeking solace for this young man who has been beaten blue and black, with no one to stand up for him apart from this court.
“His doctor has gone there two times but they refused him entry. But here they are, asking for reliefs from this court when they have not obeyed a subsisting order of this same court.
“They cannot come before this temple of justice with soiled hands to seek equitable remedy. Moreover, my learned friend is missing the entire point. We are not here on the issue of whether they are feeding him or not.
“All we are saying is, let the treatment they claim that he is receiving, be subjected to a review by an independent physician of his choice,” Ozekhome, SAN, added.
After taking submissions from both sides, Justice Binta Nyako adjourned the matter till July 20 for judgment.
Specifically, Kanu, had in the suit marked FHC/ABJ/CS/ 2341/2022, said he would need his doctors to conduct an independent examination to ascertain his actual state of health.
He is praying the court for an order, granting him leave to, “apply for judicial review in the form of an order of Mandamus, compelling the Respondents to allow the Applicant unhindered access to his medical doctors to enable them conduct an independent examination of his present deteriorating health condition, as earlier ordered by the Federal High Court, Abuja, on October 21, 2021; and as required by the express provisions of section 7 of the Anti-Torture Act, 2017”.
