Judge Binta Nyako of Federal High Court Abuja today 20 July 2023 granted two of Mazi Nnamdi Kanu’s healthcare requests. The leader of the separatist movement, IPOB, asked for access to his medical records and an independent medical examination.
The Department of State Security (DSS) which is holding Kanu objected to the request. DSS lawyer AM Danlami took the position that the High Court lacks authority to grant the request.
The judge however said the objection lacked merit.
Nnamdi Kanu has been in DSS detention since his capture and return to Nigeria from Kenya in 2021.
In her ruling, the judge said the law allows Kanu to have access to his medical records as well as to an independent medical examination. She however modified her order by asking the DSS to oversee the independent medical examination requested by Kanu. Additionally, the agency is to record the entire medical examination and seal it for security reasons.
Kanu sued the DSS to allow him access to his personal physician who will conduct an independent medical examination on him. He said he was anxious to know his state of health.
He based his request on an earlier order given by the judge as well as his rights under the Anti-Torture Act.
Kanu’s lawyers reminded the court that the judge granted their client access to three persons, including his doctors, on 21 October 2021.
Kanu told the court that the DSS denied his personal doctor access to him three times, on 29 August, 1 September, and 15 September 2022.
Also, the lawyers complained that the DSS equally ignored lead counsel Chief Mike Ozekhome’s letter demanding Kanu’s access to his personal physician.
The lawyers argued that the denials contravene Section 7 of Anti-Torture Act.
The Section allows a detainee to demand an independent physical and psychological examination after interrogation. However the mandates that the police or other detaining authority are to keep off from the examination .
Records demanded by Kanu
Mazi Nnamdi Kanu’s healthcare requests include access to the following medical records:
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.
Kanu told the court that before his arrest in Kenya, he visited a cardiologist every week for examination and treatment. He attached proof of the prior visits to a sworn statement.
What’s wrong with Kanu?
The lawyers complained that Kanu is held in solitary confinement and exposed to mental and psychological torture and degradation.”
Kanu disclosed in the sworn statement that he suffered a mild heart attack following inhuman treatment from his Kenyan abductors.
The medical doctors brought by the DSS could diagnose why potassium was being depleted in his blood., he said
Although DSS took blood samples for screening in South Africa, results have not shown why his health continued to deteriorate. He described DSS efforts as “trial-and-error medicare.”
They Agency has been changing drugs and increasing dosage without an improvement in Kanu’s health condition, the lawyers said.
This has led to a concern about whether Kanu was “injected with a dangerous substance” by his Kenyan abductors.
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