The Federal High Court in Abuja, on Friday, ordered the Nigerian Medical Association (NMA) to set up a panel of medical experts to ascertain IPOB leader Nnamdi Kanu ‘s health status and fitness to stand trial.
Trial judge James Omotosho also directed the association to submit the independent medical report to the court within eight days from the date of the ruling.
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Specifically, he ordered “the president of Nigerian Medical Association (NMA) to constitute an investigative committee” to determine Mr Kanu’s health status and the suitable health facility for his treatment.
The judge ordered the panel, which he said should be between eight to 10 members, to assess the State Security Service (SSS) facility in Abuja for its suitability to take care of Mr Kanu’s health while he faces trial.
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He said the panel should determine if Mr Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), should be moved to National Hospital for urgent medical attention as he requested.
He also directed that the panel should consider if Mr Kanu was medically fit to stand trial.
Mr Omotosho equally ordered that the chief medical director of Abuja National Hospital or his representative must be a member of the panel, Mr Kanu, having chosen the hospital for his treatment.
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“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.
PREMIUM TIMES earlier reported that the judge, Mr Omotosho, took a one-hour break after hearing arguments for and against Mr Kanu’s request on Friday.
Mr Kanu, who is standing trial for terrorism and treasonable felony, has been in the State Security Service (SSS) custody in Abuja since June 2021.
The IPOB leader faces charges of carrying out terrorist activities, including broadcasting threats across Nigeria, to achieve the secession of Nigeria’s Igbo-dominated southeastern states and parts of neighbouring states as a sovereign nation.
He denied all charges filed against him in the case, which commenced in 2015. The trial commenced afresh before Judge Omotosho in 2025.
Arguments by Lawyers
At Friday’s hearing, Mr Kanu’s lawyer, Onyechi Ikpeazu, a Senior Advocate of Nigeria (SAN), anchored the request for the transfer to the National Hospital on a report of evaluation of Mr Kanu by a professor of medicine. The senior lawyer said the document dated 24 September was addressed to the SSS.
He contended that the SSS medical team’s assertion that Mr Kanu did not consult them to obtain the medical report was not sufficient to deny the defendant access to medical care at the National Hospital.
Mr Ikpeazu also argued that the national security concerns raised by the SSS were baseless, as he argued that the National Assembly, where his client sought to be treated, is owned by the federal government.
Objecting to the application, the prosecution lawyer, Adegboyega Awomolo, a SAN, accused Mr Kanu of changing his medication without the knowledge of the SSS medical experts who had been treating him for four years.
He noted that the SSS had made efforts for Mr Kanu to be examined by medical consultants.
He added that the federal government commissioned the Nigerian Medical Association (NMA) to set up a panel to probe Mr Kanu’s fresh report and produce an independent report on his medical fitness.
He faulted the medical consultant’s suggestion that Mr Kanu be ultimately flown to the United States for treatment, maintaining that he is a “flight risk.”
Judge Omotosho then asked the parties to address him on Mr Kanu’s fitness to continue the trial.
Mr Ikpeazu said consultants observed that Mr Kanu suffered from a significant potassium deficiency, among other issues. He added that he would abide by the report of other doctors, regardless of whether it certifies him fit or unfit to stand trial.
Mr Awomolo said the court should give a one-week timeline for the NMA to produce their independent report.
“For me, he is fit to answer the charges,” he added, requesting that the court allow the NMA to submit its medical fitness report on Mr Kanu.
The judge asked if Mr Ikpeazu would reject the anticipated report of the NMA, the umbrella body of doctors in Nigeria.
Mr Ikpeazu said he would not oppose the judge’s proposal.
Subsequently, the judge paused the hearing, promising to return to deliver his ruling.
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Mr Kanu’s request to be taken to the National Hospital for treatment is the latest episode of his protests against what he considered to be undue constraints he has faced in the SSS custody.
Before the latest application, Mr Kanu had complained to the court about the undue restriction on the type of attire he could wear, and limited access to his lawyers and family, all of which he argued undermined his preparation to defend himself.
The court ordered the SSS to provide Mr Kanu unhindered access to his lawyers.
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