Justice Binta Nyako, presiding over the Federal High Court in Abuja, issued a ruling on Thursday, directing the Department of the State Service (DSS) to grant the detained leader of the proscribed Indigenous People of Biafra (IPOB) access to a medical doctor of his choosing during his custody.

The court acknowledged Kanu's right to receive medical attention from the doctor of his preference, a fundamental human right. However, it was clarified that Kanu would be responsible for covering the expenses incurred in this regard.

Kanu had filed a suit through his legal team, led by Prof. Mike Ozekhome, SAN, seeking an order of mandamus to compel the security agency to allow him unrestricted access to his personal physicians.

Kanu made a formal request to the court for an order directing the DSS to uphold his right to access his private medical doctor and health records.

In the suit identified as FHC/ABJ/CS/ 2341/2022, Kanu sought an order of mandamus to compel the DSS to grant him unrestricted access to his medical doctor, along with other requests. These requests included conducting an independent examination to determine his state of health, as previously ordered by Justice Nyako on October 21, 2021, and as required by the explicit provisions of Section 7 of the Anti-Torture Act, 2017.

Kanu provided a comprehensive list of records he needed from the DSS, including his admission records, medical and clinical notes, nursing notes, observation charts, documentation during treatment or hospital stay, laboratory test results, pharmaceutical records, radiological scans, images and reports, blood transfusion records, physiotherapy and rehabilitative treatment records, clinical findings, as well as records of diagnosis and prescribed treatments.

Justice Nyako ruled in favor of Kanu, affirming his entitlement to access his medical records, and emphasized that the DSS must not impede this right in any way.

Additionally, the court ruled that Kanu's medical examination outside the DSS facility must be overseen by his team of medical doctors, and the resulting reports should be sealed to ensure security.

Responding to the judgment, Kanu's lead Counsel, Prof Ozekhome (SAN), praised Justice Nyako for her bravery and fairness in the ruling. He further highlighted that the previous court judgment, which struck out eight counts, and the subsequent verdict by the Appeal Court, which dismissed the remaining seven counts, now serve as a noteworthy and significant case study in the legal profession.