- The DSS had opposed the application, claiming Kanu’s health was not at risk and he was receiving sufficient medical care
- Justice Binta Nyako upheld Kanu’s right to choose his medical practitioners, dismissing the DSS’s objection
The Federal High Court in Abuja has directed the Department of State Services (DSS) to permit Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), access to his chosen medical doctors.
The order was handed down by Justice Binta Nyako on Thursday, July 20, 2023, in response to a request made by Kanu’s lead counsel, Professor Mike Ozekhome.
Professor Ozekhome contended that Kanu’s health had been on the decline ever since he was extradited from Kenya to Nigeria in June 2021, and therefore, he needed to be attended to by doctors of his own selection.
The DSS had opposed the application, arguing that Kanu’s health was not in jeopardy and that he was already receiving adequate medical attention. However, Justice Nyako dismissed the DSS’s objection, affirming that Kanu possessed the right to seek medical attention from the practitioners of his choice.
“Consequently, the applicant is entitled to medical attention of his choice but at his cost.
“This application succeeds and is hereby granted,” the judge held.
The judge added that Kanu’s medical practitioners and the DSS should be present whenever an examination is conducted on Kanu outside the DSS facility.
She added that the procedure should be recorded while the DSS should supervise for “security purpose”.
Recall that Kanu was re-arrested in Kenya and brought back to Nigeria to face his trial in 2021.
Mr Kanu fled the country in September 2017 after an invasion of his home by the military in Afara-Ukwu, near Umuahia, Abia State.
The Nigerian government obtained a court order on September 20, 2017, to designate IPOB a terrorist group and to proscribe it.