By Fadehan Oyeyemi Justice Binta Nyako of the Federal High Court in Abuja on Thursday ordered the Department of the State Service (D...
By Fadehan Oyeyemi
Justice Binta Nyako of the Federal High Court in Abuja on
Thursday ordered the Department of the State Service (DSS) to allow the
detained leader of the proscribed Indigenous People of Biafra (IPOB) access to
a medical doctor of his own choice while in the custody.
The court held that Kanu is entitled to the medical doctor
of his choice as guaranteed under fundamental human rights but added that
expenses incurred should be borne by the self-acclaimed Biafran leader
Kanu, in the suit, filed through his team of lawyers led by
Prof. Mike Ozekhome, SAN, applied for an order of mandamus to compel the
security agency to allow him to have unhindered access to his private
physicians.
He had requested the court for an order directing the DSS to
allow him enforce his right to access his private medical doctor and health
records.
In the suit marked FHC/ABJ/CS/ 2341/2022, Kanu had 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.
In her judgment, Justice Nyako held that Kanu is entitled to
his medical record and that the DSS should not interfere with this right.
The court further held that the medical examination of Kanu
outside the facility of the DSS should be supervised by Kanu’s team of medical
doctors and that the reports should be sealed for security purposes.
Reacting to the judgment, Kanu’s lead Counsel, Prof Ozekhome
(SAN) commended Justice Nyako for her courage and Godliness in the judgment
adding that the earlier judgment of the court striking out eight counts and the
Appeal Court verdict striking out the remaining seven counts is now a new case
study in the legal practice.
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