A Federal High Court, sitting in Abuja, on Thursday, granted an application by the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, seeking to access his medical records and doctors while in custody of the Department of State Services, DSS.
The trial Judge, Justice Binta Nyako, in her judgment on the application, held that the IPOB leader has the rights to his medical records and personal doctors and ordered the DSS not to Interfere with those rights.
She ordered that Kanu’s medical examination outside the facility of the DSS should be supervised by Kanu’s team of medical doctors and the processes should be recorded and a report on it should be sealed for security reasons.
Having dismissed the preliminary objection by the DSS, Justice Nyako held that, “On the whole, this application succeeds and is hereby granted”.
The Court said the case involving the IPOB leader before the High Court of Umuahia in Abia state is different from the present case, adding that, parties maybe the same, the cause of action is different.
Reacting to the judgement, Kanu’s lead Counsel, Prof Mike Ozekhome, SAN, commended Justice Nyako for her courage and Godliness in the judgement.
He noted that the judgement of the Court earlier, striking out eight counts and the Appeal Court striking out the remaining seven counts is now a new case study in the legal practice.
Kanu’s lawyers had in the suit marked FHC/ABJ /CS/2341/2022 sought an order of mandamus compelling the DSS to allow their client unhindered access to his medical doctors 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, and laboratory test results.
Others are, 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.