Court orders DSS to allow Kanu access to personal physicians

Alex Enumah in Abuja

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

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 have been in custody of the DSS since he was rearrestednearly two years ago, was challenging the refusal of the agency to allow him have unhindered access to his private physicians.

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

Nyako held that Kanu while under the investigative custody of the DSS, was entitled to medical examination 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,” 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 was different from the present case, adding that, parties might be the same, cause of action was different.

Reacting to the judgement, Kanu’s lead Counsel, Prof Mike Ozekhome (SAN) commended Nyako for her courage and godliness in the judgment.
He also observed that the earlier judgment of the court, which struck out eight of the 15 counts 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.