The Department of State Service (DSS) has been ordered to allow the arrested leader of the Indigenous People of Biafra (IPOB), a group that is officially outlawed, access to the doctor of his choice while in custody by a Federal High Court in Abuja.
Kanu is allowed to choose the doctor of his choosing, as protected by the Constitution’s provision on fundamental human rights, according to a ruling by Justice Binta Nyako on Thursday.
He did, however, add that he should pay for the treatment’s costs.
Kanu’s primary attorney, Mike Ozekhome (SAN), and Justice Nyako both agreed that Kanu is entitled to a medical examination while in the custody of the DSS, which should be paid for by him.
Kanu had applied for an order of mandamus to compel the security agency to allow him to have unhindered access to his private physicians.
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He had requested the court for an order directing the DSS to allow him enforce his right to access his private medical doctor and health records.
In the suit marked FHC/ABJ/CS/ 2341/2022, Kanu had sought an order of mandamus compelling the DSS to allow him unhindered access to his medical doctor among others prayers, to conduct an independent examination to ascertain his state of health, as earlier ordered by Justice Nyako, on October 21, 2021 and as required by the express provisions of Section 7 of the Anti-Torture Act, 2017.
Kanu listed some of the records he would require from the DSS as 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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