Court says Kanu must defend self, orders doctors to assess IPOB leader’s health

The Federal High Court sitting in Abuja on Friday overruled a no-case submission filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), saying he has a case to answer in the alleged terrorism trial.

The court also gave the Nigerian Medical Association eight days to constitute a panel of medical experts to assess the health condition of the detained leader of the Indigenous People of Biafra, Nnamdi Kanu.

Justice James Omotosho, in a ruling, held that the Department of State Services (DSS) has made out a prima facie case against Kanu for him to enter his defence in the case.

The judge said the evidence presented by the DSS, through its five witnesses, was such that there was a need for the IPOB leader to provide some explanations for the offences with which he was charged.

He said, “I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge.

“The evidence all points to the establishment of a prima facie case against the defendant (Kanu).

“The evidence is such that the defendant must proffer some explanations or defence to the allegation made against him, especially considering the seriousness of the offences as they are such that the life of the defendant is at stake.”

While responding to the request that the IPOB leaders be moved from DSS custody to seek treatment abroad or at the national hospital, the judge ordered the NMA President to constitute panel and submit the committee’s report within eight days for consideration on whether Kanu should be transferred to the National Hospital for treatment.

The court also directed that the committee, among other tasks, should assess the Department of State Services hospital to confirm whether it has the capacity to meet Kanu’s health needs.

Justice Omotosho further ruled that the NMA committee would be at liberty to make use of any hospital in the country for its investigations.

The judge specified that the panel should comprise between eight and 10 NMA members, including a cardiologist and a neurologist.

The Chief Medical Director of the National Hospital must also be part of the committee.

Recall that there had been conflicting medical reports presented by the DSS medical team and Kanu’s private consultants.

Earlier, the Department of State Services’ lead counsel, Asiwaju Adegboyega Awomolo, disclosed the NMA’s intervention while opposing an application by Kanu’s legal team for his transfer to the National Hospital for urgent treatment.

According to Awomolo, a team of medical experts has already visited Kanu in DSS custody to assess his health.

He added that the DSS medical team, led by Dr Mohammed Nasir, maintained that his condition could be adequately managed within DSS facilities.

But Kanu’s private consultants, led by Professor Martin Aghaji, a retired professor of medicine from the University of Nigeria, Nsukka, argued that his deteriorating health required urgent transfer to the National Hospital, and even suggested possible treatment abroad.

DSS dismissed Aghaji’s report as exaggerated and suspicious, particularly for recommending foreign hospitals, and alleged that he had unilaterally altered Kanu’s medication without consulting DSS doctors who had been treating him for four years.

Awomolo further argued that transferring Kanu to the National Hospital would disrupt services and pose security risks, insisting that the Federal Government was committed to his safety and willing to allow him access to medical experts of his choice within DSS facilities.

Kanu’s lead counsel, Dr Onyechi Ikpeazu, however, maintained that the transfer request was based on Aghaji’s findings. He stressed that the DSS lacked the facilities to manage Kanu’s ailments and argued that it was in the interest of justice that Kanu remain alive to face the terrorism charges against him.

Ikpeazu added that his team would not oppose the NMA’s intervention, provided it was ordered by the court.