The Federal High Court sitting in Abuja, on Thursday granted an application by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu seeking to access his medical records and medical Doctors of his choice while in custody of the Department of State Services (DSS) for second opinion on his ailments.
The trial Judge, Justice Binta Nyako, in her judgment on Kanu’s application, held that the IPOB leader has the right to his medical records and personal doctors and ordered the DSS not to Interfere with that right.
She ordered that Kanu’s medical examination outside the facility of the DSS should be supervised by Kanu’s team of medical doctors and the processes should be recorded and a report on it should be sealed for security reasons.
“On the whole, this application succeeds and is hereby granted”, Justice Nyako held, having dismissed the preliminary objection by the DSS.
The court held that the case involving the IPOB leader before the High Court of Umuahia in Abia state is different from the present case, adding that, parties may be the same, cause of action is different.
Reacting to the judgement, Kanu’s lead Counsel, Prof Mike Ozekhome (SAN) commended Justice Nyako for her courage and Godliness in the judgement, and that the judgement of the court earlier, striking out eight counts and the appeal Court striking out the remaining seven counts is now a new case study in the legal practice.
Kanu, had, in the suit marked FHC/ABJ/CS/ 2341/2022, sought an order of mandamus compelling the DSS to allow his client unhindered access to his medical doctor among other prayers, to 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.
Counsel to DSS, A.M. Danlami while adopting his written address opposed Kanu’s application, stating that available records show that Kanu is clinically stable and urged the court to discountenance Kanu’s application for the sake of justice and national security.
