Biafra agitator Nnamdi Kanu has filed a N50 billion suit against the Nigerian Medical Association (NMA) over an alleged “false” medical report it submitted in his terrorism trial at the Federal High Court in Abuja.
Mr Kanu, in his fresh suit at the Federal Capital Territory (FCT) High Court, Abuja, also sought an order compelling the NMA to conduct a proper, independent medical examination of him by competent specialists not connected with the defendants in the instant suit.
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The leader of the proscribed Indigenous People of Biafra (IPOB) sued as defendants the NMA, the association’s president, Bala Audi, and members of the team that issued the medical report.
The team included medical doctors Benjamin Egbon, Emem Abraham, also a professor; Ajibare Adeola, Temitope Farombi, Sunday Owolade, Mustapha Salihu, Yarima Yusuf, Nwosu Ekeoma and Benjamin Olowojebutu.
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The News Agency of Nigeria (NAN) reports that the suit marked CV/4584/25 and filed on 12 November by a lawyer, Maxwell Opara, was made available to journalists on Saturday.
The disputed medical report, which is at the heart of the new suit, prompted Judge James Omotosho who oversees Mr Kanu’s terrorism trial at the Federal High Court in Abuja, to declare him last month medically fit to continue facing prosecution.
Mr Kanu, who is standing trial on terrorism charges over his secessionist activities calling for the independence of Nigeria’s Igbo-dominated South-east and some parts of the neighbouring states as Biafra, has been in the custody of the State Security Service (SSS) in Abuja since June 2021.
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The Nigerian government accused him in the case of carrying out terrorist activities, including broadcasting threats and inciting violence and killings in the region, to achieve the secessionist goal.
In September, Mr Kanu, through his former lawyers (that he would later sack without giving reason last month), raised concerns over the IPOB leader’s ill health in SSS custody and the capacity of the agency’s health facility to take care of him. They requested that he be allowed to be flown to the United States for treatment based on what they referred to as a professor of medicine’s recommendation.
The prosecution opposed the request, prompting the judge to direct the NMA, the umbrella body of medical doctors practising in Nigeria, to set up a panel to examine Mr Kanu’s health, determine his fitness to stand trial, and suitability of Nigerian health facilities to attend to whatever health challenges he might have.
The report of the panel declared Mr Kanu fit to face his trial. The report, which concluded that Mr Kanu’s ailment was not life-threatening and could be treated in Nigeria, was submitted to the court on 13 October. It was brought up for consideration during court proceedings of 16 October, where the judge, relying on its findings and recommendations, ordered the trial to proceed.
Why NMA’s medical report is false – Kanu
But IPOB leader is now accusing the NMA and other defendants in his new suit of malice, negligence and professional misconduct, including their alleged failure to perform the duty imposed on them by the trial court to personally examine him.
Mr Kanu, whose suit came about five days after the trial judge foreclosed his defence on 7 November and adjourned for judgement, stated that the NMA and its co-defendants knowingly issued a false and misleading medical report and acted in bad faith, reckless disregard, and gross dereliction of professional ethics.
He also accused them of conspiring “to pervert and in fact perverted the course of justice” and “caused avoidable pain and injury to the claimant’s person and reputation.”
Mr Kanu, in his statement of claim, maintained that no medical examination was conducted on him as ordered by the trial court.
He stated that “while standing trial at the Federal High Court in Suit No: FHC/ABJ/CR/383/2015, he experienced a significant deterioration in his health condition.”
He said, through his counsel, he submitted a medical report to the trial court evidencing his ill-health and prayed for either bail or access to proper medical care.
He said after the prosecution challenged the authenticity of his said medical report, the trial court ordered NMA to constitute a committee to examine him and make an independent medical report on his state of health and fitness to stand trial while in detention.
“Pursuant to the said order, the 1st defendant- Nigerian Medical Association- acting through its president; the 2nd defendant, was to constitute a panel and physically examine the claimant at the place of his detention.
“The claimant avers that at no time did the 2nd defendant or any committee of the 1st defendant visited, interviewed or examined him medically in compliance with the order of the court,” Kanu said.
He said he was, however, surprised that the defendants purportedly forged, prepared and submitted a false medical report dated 23 September to Justice James Omotosho at the Federal High Court.
According to him, the said report is a fabrication, made without any medical examination or consultation with him.
He said such an action constituted a gross professional misconduct, perjury, reckless disregard for the authority of the court and his rights.
He said the “false report was intended to mislead the court and in fact, it did mislead the court, discredited the claimant’s genuine medical condition and subjected him to further suffering, pain, and risk of irreversible deterioration in health.”
Prayers
Mr Kanu, therefore, sought a declaration that the purported medical report dated 23 September and submitted by the defendants to Federal High Court “is false, fabricated and made in violation of the order of the court and the professional ethics of medical practice.”
He urged the court to declare that their conduct constituted a gross violation of his right to fair hearing and to the dignity of the human person as guaranteed under Sections 34 and 36 of the Nigerian constitution.
Mr Kanu also sought an order “directing the defendants to withdraw and publicly retract the said false medical report.”
He also put forward other prayers: “An order of perpetual injunction restraining the defendants, their agents, privies or assigns from further publishing or relying on any false or unverified medical report concerning the claimant.
“An order compelling the Nigerian Medical Association to conduct a proper, independent medical examination of the claimant by competent specialists not connected with the defendants herein.
“An award of general damages in the sum of N50 billion for injury to health, reputation, emotional distress, and violation of the claimant’s fundamental rights.
“An award of exemplary damages in the sum of N500 million for malicious fabrication and abuse of professional authority.
“An award of the sum of N15 million being the cost of this action.”
On 7 November, Mr Omotosho, the judge sitting on the terrorism trial, foreclosed Mr Kanu’s defence and fixed 20 November for judgement, after weeks of fruitlessly persuading him to present his own case to counter the prosecution’s case which closed with five witnesses in June.
Mr Kanu stood his ground not to enter any defence on the basis that the terrorism charges instituted against him were invalid because they were brought under a repealed terrorism law.
Six of the seven charges against Mr Kanu were filed under the Terrorism Prevention Act 2013, amended in 2022. The Biafra agitator claimed the seventh count which has to do with alleged illegal importation of a radio transmitter into Nigeria was ordered by the Supreme Court to be removed.
(NAN)
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