The Federal High Court in Abuja yesterday granted Nnamdi Kanu, the arrested leader of the Indigenous People of Biafra, IPOB, permission to seek an order of mandamus compelling the Department of State Services, DSS, to allow him unrestricted access to his medical doctor.
Meanwhile, Bishops of the Ecclesiastical Province of Owerri, Anglican Communion, repeated their prior plea for Mazi Nnamdi Kanu’s release yesterday, in complete conformity with the judgements of competent Nigerian courts.
This was part of a seven-point bulletin issued by the Archbishop of Owerri Province, Most Rev Dr. David O. C. Onuoha, at the conclusion of their Episcopal Retreat in Owerri.
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This comes as the Indigenous People of Biafra, IPoB, cautioned Nigerian politicians yesterday not to use the name of its leader, Mazi Nnamdi Kanu, as a political bargaining chip in the upcoming Nigerian election.
Trial Justice Binta Nyako issued the ruling after hearing an ex-parte application made by the controversial IPOB leader’s legal team, which included Mike Ozekhome, SAN, and Ifeanyi Ejiofor.
While adjourning the case till February 21, the court asked Kanu’s legal team to serve all applicable processes on both the DSS and its Director General, who were named as the case’s first and second respondents.
Kanu, who was dressed in the suit FHC/ABJ/CS/ 2341/2022, stated that he would need his physicians to undertake an independent examination to determine his condition.
Specifically, he is praying to 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 to conduct an independent examination of his present deteriorating health condition, as earlier ordered by the Federal High Court, Abuja on the 21st day of October 2021; and as required by the express provisions of section 7 of the Anti-Torture Act, 2017”.
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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 need from the DSS, including his admission records, medical and clinical notes, nursing notes, observation charts and documentation during treatment or hospitalization, laboratory test results, pharmaceutical records, radiological scans, images, and reports, blood transfusion records, physiotherapy and rehabilitative treatment records, clinical findings, and diagnosis and treatment prescribed records.
Kanu stated in his application that on October 21, 2021, Justice Nyako ruled that he be permitted access to three people of his choice, including his medical doctors.
Kanu argued that Section 7 of the Anti-Torture Act, 2017, stated that a person arrested, detained, or undergoing custodial investigation has the right to demand a physical and psychological examination after interrogation by an independent and competent doctor of his own choice, which must be conducted outside the influence of the Police or security forces.
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“The Respondents have repeatedly denied the Applicant access to medical doctors of his choice to independently examine him, contrary to the order of the court made on the 21st October 2021; and the express provisions of Section 7 of the Anti-Torture Act, 2017”, he added.
Kanu told the court in a confirming affidavit testified to by one Chimmuanya Emenari that before he was abducted in Kenya and extra-ordinarily returned to Nigeria, he attended a Specialist Cardiologist every week for medical evaluation and treatment.
“Medical Reports containing the medical history of the Applicant as was issued by medical specialists managing the Applicant before his abduction in Kenya and extraordinary rendition to Nigeria are hereby attached and variously marked as Exhibits MNK 3, MNK 4, and MNK 5.
“That although the Applicant has been discharged by the appellate court and his further detention prohibited, the Applicant is still being held in solitary confinement in the custody of the Respondents, where he is exposed to daily mental and psychological torture and degradation of his human person”.
Kanu said that following his “abduction” in Kenya, he was exposed to different sorts of violent torture and inhuman abuse and degradation, all of which deteriorated his health condition, under which he experienced a mild cardiac arrest before he was “smuggled back into Nigeria”.
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However, the Bishops expressed surprise that repeated calls from local and international groups for Kanu’s release had gone unheeded.
Their words: “We hereby, strongly renew our call on the Federal Government, to revisit the protracted case of Mazi Nnamdi Kanu and reconsider its position on the matter, for the collective interest of Nigeria, especially the Igbo nation.
“While imploring the Federal Government to look in the direction of deploying political strategies and dialogue in resolving this lingering issue, we further hold that releasing Kanu now will be a good gesture towards the search for peace in Igboland, as well as allow him to enjoy his fundamental right of freedom and access to health care, as the Court of Appeal has ordered.”
IPoB’s statement read: “The attention of the global movement and family of the Indigenous People of Biafra, IPoB, led by Mazi Nnamdi Okwuchukwu Kanu, has been drawn to the statement credited to officials of the PDP and a particular one from Anambra State to the effect that their presidential candidate will release the leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, if he wins the forthcoming presidential election slated for 25th of February 2023.
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“IPoB leadership wishes to state that its leader should on no account be used as a political bargaining chip for the Nigerian election. Mazi Nnamdi Kanu has been judicially declared an innocent man and that follows that he must be released from his continued illegal detention and torture by this present government of APC.
“We do not expect anything in the contrary. The judgment of the Court of Appeal must be implemented. Moreover, the leadership of IPoB wants to inform the PDP that in as much as we have no issue with their statement that justifies the decision of the Court, their focus should be to demand that the Nigerian government obey the judgment of their court.
“Our demand has and will remain consistent irrespective of which person or party that is occupying Aso Rock, the Nigerian seat of power. Our self-determination agitation is our inalienable right and that is the reason we have demanded a referendum which is a democratic process to enable Biafrans to determine their fate and decide where they wish to belong, whether in Nigeria or a free and sovereign Biafran Nation.”
Taking a hard look at the upcoming general elections, the Bishops reminded Nigerians that the country has seen a series of elections since independence, but that they have been nothing’short of a harvest of shame, disgrace, ignominy, and disappointment to the ordinary Nigerian, whose hope for a better, secure, and promising nation has remained a mirage.
Their words: “The respective actors in the electioneering processes have continued to indulge in roles that undermine and sabotage the efforts of Nigerians to have a better nation through valid elections.
“The Bishops, therefore, hold that the 2023 general elections, present us all with a golden opportunity to birth a new Nigeria, as it will determine our collective destiny, especially for the poor Nigerian young school leavers who have neither a Senator nor a Minister of the Federal Republic to assure him of job opportunities and is afraid of being rendered peripatetic”.
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While praising the various security agencies’ commitment to securing the success of the 2023 elections, the clerics warned that the roles of the bad apples in the respective security agencies would continue to lead Nigerians, including the agencies, to places we hope to avoid.
‘Stop exploiting Nnamdi Kanu’s name as a political negotiating tool in the upcoming election.’
The pro-Biafra group branded the Nigerian election and its processes as shams that are unworthy of its attention and have nothing to do with it, warning politicians, particularly those of Igbo descent, to refrain from further insulting IPoB.
According to IPoB’s Media and Publicity Secretary, Emma Powerful, certain Igbo politicians, including one from Anambra State, have stated that if their presidential candidate wins the upcoming presidential election, he will free the leader of the Indigenous People of Biafra, IPoB Mazi Nnamdi Kanu.
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