The Federal High Court in Abuja, on Thursday, ordered Nigeria’s spy agency, the State Security Service (SSS), to allow Nnamdi Kanu to have access to his personal doctor.
Mr Kanu, leader of the outlawed Indigenous People of Biafra (IPOB), is being held by the SSS since June 2021 after he was forcibly repatriated from Kenya to Nigeria over terrorism charges.
The Court of Appeal in Abuja had in October 2022 dismissed the remaining seven counts after Ms Nyako struck out eight counts from the 15-count charge earlier preferred against Mr Kanu by the Nigerian government.
The appellate court ordered Mr Kanu’s release on account of his unlawful repatriation from Kenya to Nigeria to face the terrorism charges.
But the government appealed the decision at the Supreme Court, declining to release the IPOB leader.
Mike Ozekhome, Mr Kanu’s lawyer, raised issues around his client’s health, prompting a civil suit before Ms Nyako to compel the SSS to allow Mr Kanu unhindered access to his physicians.
Delivering judgement on the suit on Thursday, the judge, Binta Nyako, said Mr Kanu was constitutionally entitled to his medical records and personal physicians.
The judge based her decision on Section 7 of the Anti-Torture Act, 2017, which provides that a person arrested, detained or undergoing, custodial investigation, shall have the right to demand a physical and psychological examination by an independent and competent doctor of his own choice after interrogation.
But the judge said the SSS should supervise Mr Kanu’s private medical examination by his doctors.
She added that the entire process of Mr Kanu’s private medical examination should be recorded and sealed for security purposes.
The court said the medical exercise would be at Mr Kanu’s expense.
