From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has ordered the Department of State Services (DSS) to grant 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 amid his reported failing health.
Kanu had in the suit marked FHC/ABJ/CS/ 2341/2022, argued by his legal team lead by Mike Ozekhome demanded that his doctors should be allowed to conduct an independent examination on him to ascertain his actual state of health.
He specifically applied for an order of mandamus to compel the security agency to allow him to have unhindered access to his private physicians.
The detained IPOB leader had requested the court for an order directing the DSS to allow him enforce his right to access his private medical doctor and health records to enable him conduct an independent examination to ascertain his state of health, as earlier ordered by Justice Nyako, on October 21, 2021 and as required by the express provisions of Section 7 of the Anti-Torture Act, 2017.
Kanu listed some of the records he would require from the DSS as, his admission records, medical and clinical notes, nursing notes, observation charts and documentation during treatment or stay-in-hospital, laboratory test results, pharmaceutical records, radiological scans, images and reports, blood transfusion records, physiotherapy and rehabilitative treatment records, clinical findings, as well as diagnosis and treatment prescribed records.
In her judgment, Justice Nyako held that Kanu is entitled to his medical record and that the DSS should not interfere with this right.
The court further held that medical examination of Kanu outside the facility of the DSS should be supervised by Kanu’s team of medical doctors and that the reports should be sealed for security purposes.
She, however, 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 purpose.
Nyako also ordered the secret police to also monitor, record and seal all medical sessions administered on 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.
Ozekhome commended Justice Nyako for her courage and Godliness in the judgment adding that the earlier judgment of the court striking out eight counts and the Appeal Court verdict striking out the remaining seven counts is now a new case study in the legal practice.