Access To Medical Doctor: IPOB Leader, Kanu To Know Fate Against DSS July 20
A Federal High Court, Abuja, on Tuesday, adjoured till July 20, to rule in a suit filed by Nnamdi Kanu, Leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS) seeking an order to allow him unhindered access to his medical doctor.
This development comes after Justice Binta Nyako fixed the date after Kanu’s counsel, Chief Mike Ozekhome, SAN, and lawyer to the DSS, A.M. Danlami, adopted their processes and presented their arguments for and against the suit.
The lead counsel to Nnamdi Kanu, Ozekhome, ahd filed a case agaisnt the DSS and its Director General as 1st and 2nd respondents in the matter.
In the suit marked FHC/ABJ/CS/ 2341/2022, Kanu asked the court for permission to apply for an order of mandamus to compel the DSS to allow him access to his medical doctor, among others.
The court had on Feb.1, granted Kanu the permission to apply for an order of mandamus which he sought after an ex-parte motion moved by Ozekhome to the effect.
But the DSS, in a preliminary objection, urged the court to dismiss the suit for want of jurisdiction, arguing that there was a subsisting judgement of a sister court delivered by Justice Taiwo Taiwo (rtd.) on June 3, 2022 in suit number: FHC/ABJ/CS/1585/2021 between Kanu and DG of DSS and two others, wherein the court dealt substantially with the issue of allowing the IPOB leader access to his personal physician.
According to the DSS, the instant suit was similar to the earlier one and that Kanu had filed an appeal against the judgment.
At today's hearing, Ozekhome informed the court that the motion dated Feb. 2, was served on the respondents Feb. 3, seeking for an order of mandamus against the respondents to allow the IPOB leader unfettered access to his doctor in accordance with the earlier order of Justice Nyako, which he alleged had been flouted by the DSS.
According to Ozekhome, the act was against Section 7 of the Anti-Torture Act.
Ozekhome stressed that 10 exhibits were attached to the affidavit adding that two of the exhibits detailed Kanu’s medical report before he was renditioned on June 27, 2021 and medical report of his present health status.
He said their application was that an independent doctor should be allowed to attend to him in the presence of the security operatives.
Ozkhome also argued that a defendant, based on the provisions of the law, should stand his trial and not to be on wheelchair while being prosecuted.
“We asked if we could see his medical report and they are refusing and if he dies, this will cause national commotion,” he said.
According to Ozekhome, further affidavit was also filed in the suit, stressing that two exhibits were attached to it.
He disclosed that one of the exhibits was a certified true copy of the judgment of a Federal High Court, Umuahia.
“In the judgment, the court awarded the sum of N500 million damages against the respondents for illegal rendition of the defendant from Keyan to Nigeria,” he added.
Ozekhome said after all, a Court of Appeal sitting in Abuja had exonerated him in a judgment when it dismissed the remaining seven counts after Justice Nyako struck out eight counts from the 15-count charge earlier preferred against him.
“What we want is for them to allow an independent doctor to examine him in their presence. We rely on all the processes to humbly request you to grant our omnibus prayers,” he said.
He disagreed the allegations that Kanu jumped bail on April 25, 2017, after the court granted him bail.
Ozekhome argued that Kanu, rather, escaped a military invasion at his residence, stating that as soon as he got to Israel, he deposed to an affidavit to the effect.
opposing to the DSS’ position that the matter was similar to the earlier one decided by retired Justice Taiwo, Ozekhome reasoned that the claims, and the subject matters and the parties in the two matters were different.
“We filed a counter of five paragraphs. In the instant case, there are two respondents, but in the suit they referred to, there were three respondents.
“So on the issue of parties, they failed.
“On subject matter, this suit is seeking an order of judicial review by way of mandamus but in the other suit, it was filed for the enforcement of his fundamental rights and not judicial reviews.
“The former suit sought 11 reliefs but ours has two reliefs,” he said.
According to him, the law allowed that an aggrieved party could filed more than one case where facts of his case disclose multiple cause of actions.
The DSS counsel, Danlami urged the court to dismiss Kanu’s plea for lack of jurisdiction.
According to Danlami, their counter affidavit with four exhibits, one of the exhibit showed that Kanu was physically and clinically sound.
“We urge my lord to dismiss this suit in the interest of justice and national interest,” he said.
After listening to both counsel, the judge, adjourned the matter til July 20 for judgment.
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