Kanu has to be alive to stand trial; as Court fixed date for Judgement

Mike Ozekhome, counsel to the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has urged the federal high court in Abuja to ordered the Department of State Service (DSS) to release his medical report.

Kanu had in the suit marked FHC/ABJ/CS/ 2341/2022, prayed the court for leave to apply for an order of mandamus to compel the Department of State Service (DSS) to allow him to have access to his medical doctor, among others.

On February 1, the court granted leave to the IPOB leader to apply for an order of mandamus.

At the court session on Tuesday, counsel to the DSS, A. M. Danlami, challenged the jurisdiction of the court to grant the request.

ADVERTISEMENT

Danlami insisted that Kanu has been receiving adequate medical attention in DSS custody.

The counsel said he has attached to his preliminary objection and counter affidavit, a feeding schedule that shows Kanu’s food preferences and demands.

He added that an exhibit was also attached to show that the applicant is “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 said.

Responding, Ozekhome, told the court that the health of his client has greatly deteriorated.

He told the court that a specialised physician hired by the security agency had issued a dire warning that the IPOB leader would not survive if denied access to high-quality medical 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 to date, we have not seen anything,” Ozekhome said.

“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 humbly seek my lord’s 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.

“His doctor has gone there two times but they refused him entry. But here they are, asking for relief from this court when they have not obeyed a subsisting order of this same court.

“They cannot come before this temple of justice with soiled hands to seek equitable remedy.

“Moreover, my learned friend is missing the entire point. We are not here on the issue of whether they are feeding him or not.

“All we are saying is, let the treatment they claim that he is receiving, be subjected to a review by an independent physician of his choice.

“What are they to lose to allow an independent doctor to examine him in their presence?”

After listening to the arguments of counsels, Justice Binta Nyako, fixed July 20 for judgment.