Nigerian Court Orders Secret Police, DSS To Grant Nnamdi Kanu Access To Personal Doctors, Medical Records

Nigerian Court Orders Secret Police, DSS To Grant Nnamdi Kanu Access To Personal Doctors, Medical Records Justice Binta Nyako, of the Federa...

Nigerian Court Orders Secret Police, DSS To Grant Nnamdi Kanu Access To Personal Doctors, Medical Records

Justice Binta Nyako, of the Federal High Court Abuja, has ordered the Department of State Services, DSS, to grant the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, access to his medical records.

The court, on Thursday in his judgement, held that objections the security agency raised against Kanu’s request lacked merit, adding that Kanu was constitutionally entitled to have access to both the records he requested for and the medical doctors of his choice.

Justice Nyako held that the independent medical examination of Kanu by his personal physicians should be supervised by the DSS, with the entire process recorded and sealed for security purposes.

The trial Judge, Justice Binta Nyako had in June adjourned the case to July after Kanu’s counsel, Prof. Mike Ozekhome, (SAN) and counsel to the Department of State Services (DSS), A.M. Danlami, adopted their written addresses and presented their arguments for and against the application.

Kanu’s lead counsel, Ozekhome adopted his process in the application seeking an order of mandamus compelling the DSS to allow his client unhindered access to his medical doctor among other prayers.

Kanu, in the suit marked FHC/ABJ/CS/ 2341/2022, said he would need his doctors to conduct an independent examination to ascertain his state of health.

He is specifically praying to the court for an order, granting him unhindered access to his medical doctors to enable them to conduct an independent examination of his present deteriorating health condition, 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.

Danlami then, urged the court to discountenance Kanu’s application for the sake of justice and national security. While Justice Nyako adjourned till July 20 to deliver a rule on Kanu’s application which the judge today the 20th July 2023 granted Kanu's demand.

One of Kanu;s counsels, Ifeanyi Ejiofor, had first shared the news of the court judgment.

He had tweeted, “BREAKING! Onyendu Mazi Nnamdi Kanu has won again in Federal High Court Abuja. Wait for full press briefing which will be stream live here shortly . Thank you all Ezigbo UMUCHINEKE! We move.”

BREAKING!

Onyendu Mazi Nnamdi Kanu has won again in Federal High Court Abuja.
Wait for full press briefing which will be stream live here shortly .
Thank you all Ezigbo UMUCHINEKE!
We move!!!!!

— bar ifeanyi ejiofor (@EjioforBar) July 20, 2023