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Court Decides on Granting Access to Kanu’s Personal Doctor July 20
Alex Enumah in Abuja
Justice Binta Nyako of a Federal High Court, Abuja, has adjourned till July 20 for judgment in the suit 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 custody of the Department of State Service (DSS) since his rearrest nearly two years ago is challenging the refusal by 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 has 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. Ozekhome, SAN, 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 a 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 N500million 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.”
After taken submissions from both sides, Justice Nyako adjourned the matter till July 20 for judgment.