Nnamdi Kanu to access medical records, as Court overrules DSS’s objections

The incarcerated leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, was granted access to his medical records on Thursday by the Federal High Court in Abuja, which issued the ruling.

In a ruling written by Justice Binta Nyako, the court determined that the security agency’s arguments against Kanu’s request were unfounded.

It was decided that Kanu had a constitutional right to access the medical professionals of his choice as well as the information he requested.

However, Justice Nyako ruled that the DSS should oversee Kanu’s independent medical assessment by his personal doctors, with the entire process being recorded and sealed for security reasons.

The judgement followed a suit that the embattled IPOB leader filed through his team of lawyers led by Prof. Mike Ozekhome, SAN.

Specifically, Kanu, had in the suit marked FHC/ABJ/CS/ 2341/2022, said he would need his doctors to conduct an independent examination to ascertain his actual state of health.

Read Also: IPOB ‘attack’ northern coalition for asking Tinubu not to release Kanu

He prayed the court for an order, granting him leave to, “apply for judicial review in the form of an order of Mandamus, compelling the Respondents to allow the Applicant unhindered access to his medical doctors to enable them conduct an independent examination of his present deteriorating health condition, as earlier ordered by the Federal High Court, Abuja, coram, Hon. Justice B.F.M. Nyako, on the 21st day of October, 2021; and as required by the express provisions of section 7 of the Anti-Torture Act, 2017”.

As well as, “an order of this Honourable Court granting leave to the Applicant to apply for judicial review in the form of an order of Mandamus, compelling the Respondents to avail the Applicant with all his medical records, from the 29th day of June, 2021, till date”.

On grounds upon which he filed the application, Kanu, noted that trial Justice Nyako had on October 21, 2021, ordered that he should be allowed access to three persons of his choice, including his medical doctors.

Kanu argued that section 7 of the Anti-Torture Act, 2017, provided that a person arrested, detained or undergoing, custodial investigation, shall have the right to demand a physical and psychological examination by an independent and competent doctor of his own choice after interrogation, which shall be conducted outside the influence of the Police or security forces.

“The Respondents have repeatedly denied the Applicant access to medical doctors of his choice to independently examine him, contrary to the order of the court made on the 21st October, 2021; and the express provisions of Section 7 of the Anti-Torture Act, 2017”, he added.

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