7th February, 2022
Leader of the Indigenous People of Biafra, Nnamdi Kanu is being pampered and adequately taken care of in the custody of the Department of State Services(DSS).
In a counter-affidavit by Hamza Pandogari, an official of the secret agency, Kanu is receiving adequate and quality medical attention when necessary.
“The applicant (Kanu) enjoys direct and unrestricted access to medical practitioners who are experts in their various field of medical practice.
He averred that Dr O. FASAN, Consultant, Cardiologist from the National Hospital, Abuja; Dr, A OHUNMWANGHO, a Consultant Gastroenterologist, University of Abuja Teaching Hospital, and Prof. MBAKWE, Consultant CARDIOLOGIST, Lagos State University Teaching Hospital, were among the experts who had been attending to Kanu’s health.
“That apart from the regular routine medical checkup, applicant gets promptly the required medical attention, upon any request or complaint by applicant relating to his heaith,” he said.
According to the officer, the applicant (Kanu) has never missed his trial based on health ground.
He said contrary to the information, the DSS had never tortured Kanu either physically or mentally while in its custody.
“That while in custody, applicant enjoys several privileges including but not limited to entertaining a total number of six visitors of his choice every week, three each on Monday and Thursday, the days set out by the court as applicant’s visiting days ” he added.
Pandogari gave a peek into Kanu’s detention life in a response to the affidavit by Kanu’s lawyer, Maxwell Opara, that Kanu was suffering some deprivation in DSS cell.
Opara urged the court to declare that Kanu, even though a detainee, was entitled to enjoy his freedom of thought, conscience and religion as guaranteed by the law.
He sought: “A DECLARATION that the applicant, even though a detainee, is entitled to the enjoyment of his right to dignity of human person as guaranteed under Sections 34(1)(a) of the 1999 Constitution (as amended).
“A DECLARATION that the respondents action in continuing to keep the applicant in their detention facility, without transferring him to Kuje Correctional Centre, is subjecting the applicant to mental torture given that it is not the place designated for keeping awaiting trial inmates,” among others.
The lawyer then asked the court to make an order directing the respondents to immediately allow Kanu access to facility and material for the practice of his religion and an order directing them to remove him from solitary confinement, among others.
Pandogari averred that Kanu was arrested by personnel of the 1st and 2nd respondents upon reasonable suspicion of his engagement in acts of treason and terrorism by propagating violence against the people of Nigeria under the guise of succession.
The officer said Kanu was the leader of the proscribed organisation known as the IPOB.
He stated that he was currently standing trial on a 15-count charge before Justice Binta Nyako.
Pandogari, who said that though Nyako earlier admitted Kanu to bail sometime in April 2017, he jumped the bail but was rearrested to continue his trial.
The officer said contrary to paragraph 4 (a) and (b) of Kanu’s affidavit, “there is no such order of court that applicant should have unrestricted access to the medial practitioner of his choice while in 1st and 2nd respondent’s custody.”
Also in a counter affidavit deposed to by Zekeri Friday, the AGF said he did not violate or infringe on any fundamental right (s) of the applicant on account of the facts giving rise to the application as deposed to in the whole paragraphs of the affidavit in support of the application.”
Friday, who averred that Kanu was not in position to professionally determine.the competency or otherwise of the medical practitioner attending to him in DSS custody, said the security agency “has a medical clinic well-equipped with highly trained medical personnel that have been attending to the medical needs of the applicant while he remains in the custody.”
He also denied that Kanu was being detained in solitary confinement.
According to Friday, he is being detained in a standard and hygienic facility.
Justice Taiwo Taiwo of Federal High Court, Abuja, has fixed Feb. 28 to hear the fundamental rights enforcement suit filed by Kanu.