Court Orders DSS to Allow Nnamdi Kanu Access to Personal Physician 

Alex Enumah in Abuja 

Justice Binta Nyako of a Federal High Court, Abuja, on Thursday, ordered the Department of State Services (DSS) to allow the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, access to his personal doctors.

Justice Nyako made the order while delivering ruling in an application for an order of mandamus compelling the secret service to allow Kanu, whose health was said to be deteriorating in custody of the DSS, meet with his personal doctors.

The IPOB leader, who has been in custody of the DSS since his rearrest nearly two years ago, is challenging the refusal of the agency to allow him have unhindered access to his private physicians. 

Delivering ruling in the application on Thursday, the court held that Kanu is entitled to a medical doctor of his choice, adding that such expenses should be borne by the applicant (Kanu).

Justice Nyako held that Kanu, while under the investigative custody of the DSS, is entitled to medical examination which should be at his cost. 

The court further held that medical examination of Kanu outside the facility of DSS should be supervised by Kanu’s team of medical doctors and the reports 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 the parties may be the same, cause of action is different.

Reacting to the judgment, Kanu’s lead counsel, Prof. Mike Ozekhome (SAN), commended Justice Nyako for her courage and godliness in the judgment.

Ozekhome also observed that the earlier judgment of the court, which struck out eight of the 15-count charge against Kanu, as well as the judgment of the Court of Appeal, which struck out the remaining seven counts, have now become 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 him 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.

The 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.