DSS Clarifies Opposition to Nnamdi Kanu's Request for Access to Medical Records
ABUJA– The Department of State Services (DSS) has urged the Federal High Court in Abuja to reject a request made by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), to obtain his medical records. Kanu, represented by a legal team led by Prof. Mike Ozekhome, SAN, also sought a mandamus order to compel the security agency to grant him unrestricted access to his personal doctors.
However, during the hearing on Tuesday, Mr. A. M. Danlami, the counsel for the DSS, contested the court's jurisdiction to grant the aforementioned request.
Danlami informed the court that the security agency had previously submitted both a preliminary objection and a counter-affidavit questioning the legal validity of Kanu's lawsuit.
Asserting that Kanu had been receiving sufficient medical care while in custody, the DSS counsel presented a feeding schedule that documented the IPOB leader's specific food preferences.
The DSS lawyer also provided an Exhibit as evidence, demonstrating that the detained Applicant was consistently and appropriately receiving his prescribed medication.
"In the interest of justice and national security, we respectfully request this honorable court to dismiss this lawsuit," Danlami concluded.
In the course of presenting the case before the court, Prof. Ozekhome, SAN, contended that his client's health had significantly deteriorated. He accused the DSS of denying Kanu the opportunity to undergo an independent medical examination.
He informed the court that a specialist doctor, engaged by the security agency, had cautioned that the life of the IPOB leader was at risk if he was not granted access to quality healthcare.
"Our plea is simple: let this young man not perish. They claimed to have taken his medical report to South Africa, but we have yet to receive any evidence," he stated.
"Now they are discussing the possibility of conducting ear surgery on him. The Supreme Court has consistently emphasized that a person must be alive to stand trial."
"This case has garnered international attention, and this court has the power to spare our country from this disgrace by ordering the release of his medical records."
"We have also attached a certified true copy of the judgment from a Umuahia high court, which awarded N500 million in damages for the extraordinary rendition of the Applicant from Kenya."
"We respectfully implore the intervention of our honorable lords in this matter. Our purpose is to find comfort for this young man who has suffered severe physical abuse without anyone else advocating for him except this court.
"Despite his doctor attempting to visit him twice, they were denied access. Yet, now they come before this court seeking relief, despite their failure to comply with a valid order from the same court.
"They cannot approach this temple of justice with tainted hands, expecting fair resolution.
"Furthermore, my esteemed colleague seems to misunderstand the essence of our argument. We are not here to debate whether they are providing him with sustenance.
"All we are requesting is a thorough evaluation of the treatment they claim he is receiving, to be conducted by an impartial physician of his own choosing," emphasized Ozekhome, SAN.
Upon hearing arguments from both parties, Justice Binta Nyako adjourned the case until July 20 for the delivery of the judgment.
In the specific lawsuit with the reference number FHC/ABJ/CS/2341/2022, Kanu expressed his need for his personal doctors to conduct an impartial examination in order to determine his current health condition accurately.
He is seeking an order from the court, granting him permission to "apply for judicial review in the form of an order of Mandamus," which would compel the Respondents to allow him unrestricted access to his medical doctors. This access would enable them to independently assess his deteriorating health condition, as previously instructed by Hon. Justice B.F.M. Nyako of the Federal High Court, Abuja, on October 21, 2021. This request is also in accordance with the explicit provisions of Section 7 of the Anti-Torture Act of 2017.
Furthermore, Kanu is requesting "an order from this Honorable Court granting him permission to apply for judicial review in the form of an order of Mandamus," which would require the Respondents to provide him with all his medical records starting from June 29, 2021, up until the present date.
The records he requires from the Department of State Services (DSS) include his admission records, medical and clinical notes, nursing notes, observation charts, and any documentation related to his treatment or hospital stay. He also seeks access to laboratory test results, pharmaceutical records, radiological scans, images, and reports, blood transfusion records, physiotherapy and rehabilitative treatment records, clinical findings, as well as records indicating the diagnosis and treatment prescribed.
Based on the grounds stated in his application, Kanu highlighted that Justice Nyako, during the trial, had ordered on October 21, 2021, that he be granted access to three individuals of his choosing, including his medical doctors.
Kanu argued that according to Section 7 of the Anti-Torture Act of 2017, individuals who are arrested, detained, or undergoing custodial investigation have the right to request a physical and psychological examination by an independent and qualified doctor of their own selection, to be conducted free from the influence of the police or security forces.
He further added, "The Respondents have consistently denied the Applicant access to the medical doctors of his choice for an independent examination, contrary to the court's order issued on October 21, 2021, and the explicit provisions of Section 7 of the Anti-Torture Act of 2017."
In a supporting affidavit sworn by Chimmuanya Emenari, Kanu informed the court that prior to his abduction in Kenya and subsequent extraordinary rendition to Nigeria, he regularly visited a Specialist Cardiologist for medical examinations and treatment.
"Medical Reports containing the Applicant's medical history, issued by the medical specialists who were managing him before his abduction in Kenya and extraordinary rendition to Nigeria, are hereby attached and marked as Exhibits MNK 3, MNK 4, and MNK 5," Kanu stated.
Despite the fact that the appellate court has discharged the Applicant and prohibited any further detention, he remains confined in isolation under the custody of the Respondents. This prolonged solitary confinement exposes him to daily mental and psychological torment, degrading his dignity as a human being.
Kanu asserts that following his alleged "abduction" in Kenya, he endured severe torture, inhumane treatment, and degradation, which exacerbated his health condition. He experienced a mild cardiac arrest before being covertly returned to Nigeria.
Since then, the Applicant's health has continued to deteriorate significantly.
Medical personnel who attended to Kanu during his custody repeatedly informed him that they were unable to determine the cause of his potassium depletion in the blood.
Moreover, on multiple occasions, medical personnel brought by the Respondents took the Applicant's blood samples and reportedly sent them to South Africa for screening. However, there has been no conclusive progress in their trial-and-error approach to his medical care up to the present time.
All the medical experts who have attended to the Applicant's intricate health situation have been unable to comprehend the reason behind the continual failure of various treatments administered thus far. As a result, they have raised inquiries as to whether the individuals who abducted him in Kenya injected him with a harmful substance before forcibly transporting him to Nigeria.
The medical personnel responsible for the Applicant's care under the custody of the Respondents are unaware of the cause of his health condition. They appear to be conducting a trial-and-error approach, using the Applicant as a test subject. They constantly change his medications and increase dosages without any observable improvement in his health. A copy of the Applicant's medical report issued by the Respondents is attached and marked as Exhibit MNK 6.
The complete medical history of the Applicant, documented in his medical file held by the detaining authority, has been deliberately suppressed. The details regarding the rapid depletion of his potassium levels were intentionally omitted from the medical report issued by the Respondents.
Furthermore, Dr. CFine Okorochukwu, the Applicant's personal physician who attempted to visit him on August 29, 2022, as well as on September 1 and 15, 2022, was denied access by the Respondents. This action blatantly disregards the order of the trial court issued on October 21, 2021, which explicitly stated that the Applicant should be allowed access to three individuals of his choice, including his doctors. Copies of the letters forwarding the doctor's name to the Respondents are attached and marked as Exhibit MNK8.
Due to the ongoing denial of the Applicant's access to his medical doctor by the Respondents, on December 12, 2022, the Applicant's lead Counsel, Chief Mike Ozekhome, SAN, wrote a letter to the Respondents. The letter explicitly requested that the Applicant be granted unrestricted access to his personal medical doctors and also demanded the provision of his complete medical records. A copy of this letter is attached and marked as Exhibit MNK9.
The deponent affirmed that the Respondents completely disregarded the Applicant's request for access to his medical records and his doctors.
It is worth noting that the Court of Appeal in Abuja, on October 13, 2022, dismissed the 15-count terrorism charge brought against Kanu by the Federal Government and subsequently discharged him.
However, after the Federal Government lodged an appeal before the Supreme Court, the Court of Appeal, on October 28, 2022, issued a stay of execution of its judgment, awaiting the decision of the apex court.
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