Justice Binta Nyako of the Federal High Court in Abuja issued an order to the Department of the State Service (DSS) directing them to grant the detained leader of the proscribed Indigenous People of Biafra (IPOB) access to a medical doctor of his own choosing while in custody.
The court ruled that Kanu has the right to choose his medical practitioner, as protected by fundamental human rights.
However, the expenses incurred for the medical services should be covered by the self-proclaimed Biafran leader.
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In a recent development, Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), has sought an order of mandamus to compel the Department of the State Service (DSS) to grant him unrestricted access to his private physicians.
Represented by a team of lawyers led by Prof. Mike Ozekhome, SAN, Kanu applied to enforce his right to access his private medical doctor and health records.
The suit, marked FHC/ABJ/CS/ 2341/2022, also sought an order to enable Kanu to conduct an independent examination of his health, in accordance with an earlier order by Justice Nyako on October 21, 2021, and as required by Section 7 of the Anti-Torture Act, 2017.
Kanu provided a list of medical records he requires from the DSS, including admission records, medical and clinical notes, nursing notes, observation charts, laboratory test results, and other documentation during treatment.
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Nnamdi Kanu freedom to Medical treatment
Justice Nyako ruled in favour of Kanu, asserting his right to access his medical records and prohibiting the DSS from interfering with this right.
The court ordered that Kanu’s medical examination outside the DSS facility should be supervised by his team of medical doctors, and the resulting reports should be sealed for security purposes.
In response to the judgment, Kanu’s lead counsel, Prof. Ozekhome (SAN), praised Justice Nyako for her courage and sense of justice.
He remarked that the previous judgment of the court striking out eight counts, and the Appeal Court’s verdict striking out the remaining seven counts, has become a noteworthy case study in legal practice.
