Why we oppose Nnamdi Kanu’s request for access to medical records – DSS

The Department of State Services, DSS, has asked the Federal High Court sitting in Abuja to dismiss an application the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, filed to be granted access to his medical records.

Kanu, in the suit he filed through his team of lawyers led by Prof. Mike Ozekhome, SAN, equally applied for an order of mandamus to compel the security agency to allow him to have unhindered access to his private physicians.

However, when the matter came up for hearing on Tuesday, counsel to the DSS, Mr. A. M. Danlami, challenged the jurisdiction of the court to grant the request.

Danlami told the court that the security agency had earlier filed both a preliminary objection and a counter-affidavit to query the legal competence of Kanu’s suit.

Insisting that Kanu has been receiving adequate medical attention in custody, the counsel to the DSS said he attached a feeding schedule that reflected the IPOB leader’s demands for his choice of food.

The DSS lawyer further attached an Exhibit he said would show the court that the detained Applicant was “dutifully and clinically on his routine medication.”

“We, therefore, urge this honourable court to dismiss this suit in the interest of justice and national security,” Danlami added.

Meanwhile, arguing the suit before the court, Prof. Ozekhome, SAN, told the court that the health of his client has deteriorated badly, accusing the DSS of refusing to allow him to get an independent medical examination.

He told the court that a specialist doctor that was engaged by the security agency had warned that the IPOB could die if he was not allowed to have access to a quality health care.

“All we are saying is, let this young man not die. They told us that they took his medical report to South Africa. But till date, we have not seen anything.

“Now they are talking about conducting ear surgery on him. The Supreme Court has repeatedly said that a man should be alive to be able to stand trial.

“This case has taken international colouration and this court can save this country this opprobrium by ordering them to release his medical records.

“We have equally attached certified true copy of the judgement of a high court in Umuahia which awarded N500million damages for the extra-ordinary rendition of the Applicant from Kenya.

“We humbly seek my lords intervention in this matter. We are seeking solace for this young man who has been beaten blue and black, with no one to stand up for him apart from this court.

“His doctor has gone there two times but they refused him entry. But here they are, asking for reliefs from this court when they have not obeyed a subsisting order of this same court.

“They cannot come before this temple of justice with soiled hands to seek equitable remedy.

“More over, my learned friend is missing the entire point. We are not here on the issue of whether they are feeding him or not.

“All we are saying is, let the treatment they claim that he is receiving, be subjected to a review by an independent physician of his choice,” Ozekhome, SAN, added.

After she had listened to both sides, Justice Binta Nyako adjourned the matter till July 20 for judgement.

Specifically, Kanu, had in the suit marked FHC/ABJ/CS/ 2341/2022, said he would need his doctors to conduct an independent examination to ascertain his actual state of health.

He is praying the court for an order, granting him leave to, “apply for judicial review in the form of an order of Mandamus, compelling the Respondents to allow the Applicant unhindered access to his medical doctors to enable them conduct an independent examination of his present detoriorating health condition, as earlier ordered by the Federal High Court, Abuja, coram, Hon. Justice B.F.M. Nyako, on the 21st day of October, 2021; and as required by the express provisions of section 7 of the Anti-Torture Act, 2017”.

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 records he would require from the DSS, to include; 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.