Court orders NMA to ascertain Nnamdi Kanu’s health status

By Taiye Agbaje

The Federal High Court in Abuja, on Friday, ordered the Nigerian Medical Association (NMA) to set up a panel of medical experts to ascertain if Nnamdi Kanu, the leader of Proscribed Indigenous People of Biafra can for treated for his alleged ailment in the Department of State Services where he is currently being detained or he should be taken out a medical facility.

The ruling followed the arguments by counsel for the Federal Government, Chief Adegboyega Awomolo, SAN, and Kanu’s lawyer, Onyechi Ikpeazu, SAN, before the Court presided over by Justice James Omotosho .

Ikpeazu had argued that there was an existence of a documentary evidence in support of their motion that Kanu was having a serious health challenge.

The lawyer said that a medical report by a Professor of Medicine, Austin Agaji, confirmed the fact that Kanu needed to be transferred to the National Hospital for further treatment.

But Awomolo vehemently disagreed with Ikpeazu’s submission.

The senior lawyer said in opposing their motion, a counter affidavit was filed on Sept 15.

He prayed the court to refuse Kanu’s request.

He said that the Federal Government cares so much about Kanu’s health and needs, in that the earlier order made by the court, was strictly complied with by the Department of State Services (DSS).

“Your lordship made an order that the defendant should be allowed to see any of his relations, any doctor of his choice and his lawyers. All these were obeyed,” he said.

He said besides, the DSS allowed Kanu to be taken to any of his desired medical facilities.

Awomolo, however, argued that taking the IPOB leader to National Hospital Abuja would not be in the interest of national security.

He said that Kanu, who is said to be a flight risk, might pose security threat to people seeking medical attention at the hospital should the facility be attacked.

Besides, he said the hospital might be militarised.

He argued that Prof. Agaji, who authored the medical report neither works at National Hospital nor was there any evidence that the treatment administered to Kanu was inefficient.

He said issues about the IPOB leader’s health by his medical consultant was exaggerated and made in bad faith to send false health narrative challenges to the public.

The lawyer said that in order to get an independent report on Kanu’s medical fitness, the DSS had constituted a seven-member panel of medical experts from the Nigerian Medical Association (NMA).

He urged the court to permit the panel to ascertain Kanu’s fitness within one week.

Ikpeazu, however, said he was not aware of the composition of panel from the NMA.

When Justice Omotosho then asked Ikpeazu if he would be interested in allowing a panel from NMA to come up with an independent report, the lawyer said he would if the court made the order.

The Court then ruled that the NMA’s panel should submit its report within eight days from the date of the ruling.

“This court hereby ordered as follow:

“An order directing the president of Nigerian Medical Association (NMA) to constitute an investigating committee.”

The judge ordered the panel, which he said should be between eight to 10 members, to investigate the Department of State Services (DSS) facility and consider if it would be suitable to take care of Kanu’s health.

He said the panel should consider if Kanu, should be moved to National Hospital for urgent medical attention if the committee considered the DSS facility to be inefficient.

The Judge also said the panel should consider if with Kanu ‘s health status, he is fit to face the trial.

Justice Omotosho also ordered that the chief medical director of Abuja National Hospital or his representative must be a member of the panel, Kanu, having chose the hospital for his treatment.

“The report of this panel set up by president of NMA shall be signed by the chairman and secretary of the committee.

“This report shall be filed within eight days of this ruling,” the judge ordered.

Justice Omotosho had, earlier, stood down the matter for ruling.