The Department of State Services, on Tuesday, vehemently opposed a suit by the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, seeking to be given access to his personal physicians.
In a suit marked FHC/ABJ/CS/2341/2022, filed through his legal team led by Mike Ozekhome (SAN), Kanu is praying the court to order the DSS to allow him unrestricted medical access.
But in opposition to the suit before the Federal High Court in Abuja, the DSS prayed that the suit should be dismissed for want of jurisdiction.
Counsel for the DSS, A. M. Danlami, argued that it would not serve the interest of justice and national security if Kanu’s prayer was granted.
According to him, the DSS has exhibits revealing that Kanu was physically and clinically sound.
However, Kanu’s lawyer, Chief Mike Ozekhome (SAN), while making a passionate appeal to Justice Binta Nyako to order the DSS to give his client access to external doctors, warned that “if he dies, this will cause a national commotion.”
The court had, on February 1, granted Kanu permission to apply for an order of mandamus to compel the DSS to allow him access to his doctors.
At the Tuesday’s proceedings, the SAN told the court that the motion dated February 2 was served on the respondents on February 3 to allow Kanu access to his doctor pursuant to an earlier order made by Justice Nyako.
He alleged that the order had been disregarded by the DSS, adding that flouting the order for access was against Section 7 of the Anti-torture Act.
He said two exhibits before the court detailed Kanu’s medical report before his rendition on June 27, 2021, and a medical report of his present health status.
“We asked if we could see his medical report and they are refusing, and if he dies, this will cause a national commotion.
“What do they lose by allowing an independent doctor to examine him in their presence?
“We rely on all the processes to humbly request that you grant our omnibus prayers,” he said.
After hearing arguments from both parties, Justice Binta Nyako adjourned the matter till July 20 for judgment.
The IPOB leader has been in DSS custody since 2021 following his arrest in Kenya and extradition to Nigeria.
The PUNCH reports that Ozekhome had earlier written to the DSS, nominating two preferred physicians to conduct a checkup on Kanu.