A Federal High Court has ordered the Department of State Service (DSS) to allow the Indigenous People of Biafra (IPOB), Nnamdi Kanu, access to a medical doctor of his choice.
The court, however, ordered that the DSS must record his meeting with the doctor for security reasons.
The order was made after the court upheld the argument that Kanu needed urgent ear surgery.
Justice Binta Nyako, who made the order Thursday, also dismissed an objection to Kanu’s request for improved medical care by the DSS.
The court held that, though still in detention, Kanu has the right to medical services.
Justice Nyako further ordered that all Kanu’s medical records be available to him.
Kanu had, through his lawyer, Chief Mike Ozekhome, told the court that the DSS has consistently refused to grant him access to his personal doctor.
He also complained to the court that the DSS refused to release his medical records to him even after the DSS medical team had confirmed that he needed further medical attention.
Ozekhome stressed that the action of the DSS indicates that it is not willing to allow his client access to proper medical attention, which is in breach of Section 7 of the Anti-torture Act.
Kanu had said that he would need his doctors to conduct an independent examination to ascertain his actual state of health.
Kanu 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 him unhindered access to his medical doctors to enable them conduct an independent examination of him as earlier ordered by the Federal High Court on October 21, 2021; and as required by the express provisions of Section 7 of the Anti-Torture Act, 2017”.
Kanu further asked the court for an “order of the 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.
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