A Federal High Court in Abuja has ruled that the Department of State Services (DSS) must permit the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to have access to a medical doctor of his choosing while in custody.
Justice Binta Nyako, presiding over the case on Thursday, asserted that Kanu has the right to choose his medical practitioner, a privilege protected by the fundamental human rights provision of the Constitution.
He added, however, that he should bear the expenses incurred for the treatment.
Justice Nyako agreed with Kanu’s lead counsel, Mike Ozekhome (SAN), that while under the custody of the DSS, Kanu is entitled to medical examination which should be at his cost.
Kanu had applied for an order of mandamus to compel the security agency to allow him to have unhindered access to his private physicians.
He had requested the court for an order directing the DSS to allow him enforce his right to access his private medical doctor and health records.
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In the suit marked FHC/ABJ/CS/ 2341/2022, Kanu had sought an order of mandamus compelling the DSS to allow him unhindered access to his medical doctor among others 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, laboratory test results, 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.
