The Federal High Court in Abuja has scheduled July 20th as the date for the judgment in the case filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the Department of State Services (DSS). Kanu is seeking an order to allow him unrestricted access to his medical doctor. The court fixed the date after both parties presented their arguments. Kanu’s counsel, Chief Mike Ozekhome, SAN, and the lawyer representing the DSS, A.M. Danlami, presented their respective positions on the matter.
NAN (News Agency of Nigeria) reports that Kanu, through his legal team led by Ozekhome, filed a lawsuit against the DSS and its Director-General as the 1st and 2nd respondents in the case. In the suit marked FHC/ABJ/CS/2341/2022, Kanu requested the court’s permission to apply for an order of mandamus, compelling the DSS to grant him unhindered access to his medical doctor, among other requests.
Previously, on February 1st, the court granted Kanu the permission to apply for the order of mandamus he sought through an ex-parte motion presented by Ozekhome. However, the DSS filed a preliminary objection, urging the court to dismiss the suit for lack of jurisdiction. The DSS argued that a sister court had already delivered a judgment on a similar matter between Kanu and the DSS, addressing the issue of granting the IPOB leader access to his personal physician. The DSS also mentioned that Kanu had filed an appeal against that judgment.
During the recent hearing, Ozekhome informed the court that a motion dated February 2nd was served on the respondents on February 3rd, seeking the order of mandamus against the respondents for allowing Kanu unhindered access to his doctor, as directed by Justice Nyako’s previous order, which the DSS allegedly violated. Ozekhome argued that such actions by the DSS were in contravention of Section 7 of the Anti-Torture Act. He presented ten exhibits, including Kanu’s medical reports before his rendition on June 27, 2021, and his present health status report. The application requested that an independent doctor be allowed to attend to Kanu in the presence of security operatives.
Ozekhome further contended that a defendant should stand trial according to the law and not be in a wheelchair during prosecution. He emphasized the need for transparency, expressing concerns that the DSS was refusing to share Kanu’s medical report, potentially causing national commotion if anything were to happen to him. He referred to a certified true copy of a judgment by a Federal High Court in Umuahia, which awarded N500 million damages against the respondents for the illegal rendition of Kanu from Kenya to Nigeria. Additionally, he mentioned that the Court of Appeal in Abuja had exonerated Kanu by dismissing seven counts after Justice Nyako struck out eight counts from the initial 15-count charge against him.
In response, Danlami, representing the DSS, urged the court to dismiss Kanu’s plea for lack of jurisdiction. He presented a counter affidavit with four exhibits, one of which purportedly demonstrated that Kanu was physically and clinically sound. Danlami requested the court to dismiss the suit in the interest of justice and national interest.
The judge adjourned the case until July 20th for the judgment. (NAN)