Court grants Kanu’s plea for access to doctor and medical records.

Nnamdi Kanu, the arrested leader of the Indigenous People of Biafra IPOB, was given permission by the Federal High Court of Nigeria sitting in Abuja on Wednesday to request a mandamus order compelling the Department of State Service, or DSS, to permit him unrestricted access to his physician.

After hearing an ex-parte application that the embattled IPOB leader submitted through his team of attorneys, which included Sir Ifeanyi Ejiofor and Prof. Mike Ozekhome, SAN, the trial judge Binta Nyako made the decision.

The court ordered Kanu’s legal team to serve all pertinent documents on the DSS and its Director General, who were listed as the case’s first and second respondents, while also adjourning the matter until February 21.

In the lawsuit with the file number FHC/ABJ/CS/ 2341/2022, Kanu stated that he would need his doctors to perform a separate assessment to determine his current state of health.

He is specifically asking the court to grant him permission to “apply for judicial review in the form of an order of Mandamus, compelling the Respondents to permit the Applicant unrestricted access to his medical doctors in order that they may 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 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”.of October 2021; and as required by the Federal Constitution.

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”.

Kanu listed some of the documents he would need from the DSS, such as his admission records, medical and clinical notes, nursing notes, observation charts and documentation during treatment or hospitalization, laboratory test results, pharmaceutical records, radiological scans, images, and reports, blood transfusion records, physiotherapy and rehabilitative treatment records, clinical findings, as well as records of diagnosis and prescribed treatments.

On the basis for his plea, Kanu stated that trial Justice Nyako had ruled on October 21, 2021, granting him access to three people of his choosing, including his physicians.

According to Kanu, under section 7 of the Anti-Torture Act of 2017, anyone who has been arrested, detained, or is undergoing custodial investigation has the right to request a physical and psychological examination after questioning from a doctor of his choosing who is independent and qualified. The examination must take place without interference from 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.

Kanu testified before the court in a verifying affidavit that he had attended a specialist cardiologist once a week for medical evaluation and treatment before he was caught, kidnapped in Kenya, and unusually returned to Nigeria.

“Medical Reports containing the medical history of the Applicant as was issued by medical specialists managing the Applicant before his abduction in Kenya and extraordinary rendition to Nigeria are hereby attached and variously marked as Exhibits MNK 3, MNK 4 and MNK 5.

“That notwithstanding the fact that the Applicant has been discharged by the appellate court and his further detention prohibited, the Applicant is still being held in solitary confinement in the custody of the Respondents, where he is exposed to daily mental and psychological torture and degradation of his human person”.

Kanu alleged that upon his “abduction” in Kenya, he was subjected to various forms of brutal torture and inhuman treatment and degradation, all of which worsened his health condition, pursuant to which he suffered a mild cardiac arrest before he was “smuggled back into Nigeria”.

“The Applicant’s health condition has continued to take a downward spiral since then.

“That various medical personnel that attended to the Applicant whilst in custody, had repeatedly informed him that they could not ascertain the reason for the depletion of potassium in the Applicant’s blood.

“That on various occasions, the medical personnel brought by the Respondents took the Applicant’s blood sample and allegedly transported same to South Africa for screening and up till the present, there is no end in sight for their trial-and-error medicare.

“That all medical experts that have so far attended to this complex health situation of the Applicant failed to medically fathom the explanation for the continued failure of various treatments so far given to the Applicant, hence their inquiries as to whether the Applicant may have been injected with a dangerous substance by those that abducted him in Kenya before being forcibly smuggled into Nigeria.

“That the medical personnel attending to the Applicant in the custody of the Respondents are oblivious of the cause of the Applicant’s health condition and are basically using the Applicant as a guinea pig while carrying out a trial-and-error exercise, as they keep changing his drugs and increasing the dosage without any improvement whatsoever in his health condition. Attached and marked as Exhibit MNK 6 is a copy of the Applicant’s medical report issued by the Respondents.

“That the full medical history of the Applicant as contained in his Medical file with the detaining authority were deliberately suppressed, as the facts of the speedy depletion in his potassium content was clearly deleted from the medical report which the Respondents issued to the Applicant.

“That the Applicant’s doctor- Dr. CFine Okorochukwu, who had gone to visit him on the 29th August, 2022, and 1st and 15th September, 2022, respectively, was denied access to him, by the Respondents, in flagrant disregard to the Order of the trial court, made on the 21st day of October, 2021, which order directed that the Applicant should be allowed access to three persons of his choice, which persons includes his doctors. Attached and marked as Exhibit MNK8 are copies of the letters forwarding the name of the Doctor to the Respondents.

“That following the continued refusal of the Respondents to allow the Applicant access to his medical doctor, on the 12th of December, 2022, the Applicant through his lead Counsel- Chief Mike Ozekhome, SAN – wrote to the Respondents and demanded that the Applicant be given unhindered access to his own medical doctors; and further, for the Applicant’s comprehensive medical records. A copy of the said letter is hereby attached and marked as Exhibit MNK9.

“That the Respondents roundly ignored the Applicant’s request to be availed of his medical records, and access to his doctors”.

Kanu testified before the court that the DSS rejected N1 million that his family had raised for him even though the DSS had refused to provide him with his prescriptions despite his failing health.

You may recall that on October 13, 2022, the Court of Appeal in Abuja released Kanu after dismissing a 15-count terrorist indictment the Federal Government had filed against him.

On October 28, 2022, the appellate court ordered a stay of execution of its judgment while awaiting the Supreme Court’s ruling on an appeal that FG had filed.