He dismissed allegations that Mr Kanu jumped bail on April 25, 2017, after the court granted him bail.
The Abuja Division of the Federal High Court has fixed July 20 for judgement in a suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the State Security Service (SSS), seeking an order to allow him unhindered access to his medical doctor.
Justice Binta Nyako fixed the date after Mr Kanu’s counsel, Mike Ozekhome, SAN, and lawyer to the SSS, A.M. Danlami, adopted their processes and presented their arguments for and against the suit.
Mr Kanu, through his team of lawyers led by Mr Ozekhome, had sued the SSS and its director general as the first and second respondents in the matter.
The IPOB leader, in the suit, marked FHC/ABJ/CS/ 2341/2022, prayed the court for permission to apply for an order of mandamus to compel the SSS to allow him to have unhindered access to his medical doctor, among others.
On February 1, the court permitted Mr Kanu to apply for an order of mandamus he sought after an ex-parte motion moved by Mr Ozekhome.
But in a preliminary objection filed by the SSS, the security outfit urged the court to dismiss the suit for want of jurisdiction.
Upon resumed hearing, Mr Ozekhome told the court that the motion dated February 2 was served on the respondents on February 3, seeking an order of mandamus against the respondents to allow the IPOB leader unfettered access to his doctor under the earlier order of Justice Nyako, which he alleged had been flouted by the SSS.
The senior lawyer argued that the act was against section 7 of the Anti-Torture Act.
He said 10 exhibits were attached to the affidavit, and two detailed Mr Kanu’s medical report before he was arrested in Kenya on June 27, 2021, and medical information of his present health status.
Mr Ozekhome said their application was that an independent doctor should be allowed to attend to him in the presence of the security operatives.
He further argued that a defendant, based on the provisions of the law, should stand his trial and not be in a wheelchair while being prosecuted.
“We asked if we could see his medical report, and they are refusing, and if he dies, this will cause a national commotion,” he said.
Mr Ozekhome, who said a further affidavit was also filed in the suit, said two exhibits were attached.
According to him, one of the exhibits is a certified true copy of the judgement of the Federal High Court, Umuahia.
“In the judgement, the court awarded the sum of N500 million damages against the respondents for an illegal rendition of the defendant from Kenya to Nigeria,” he added.
Besides, he said a Court of Appeal in Abuja had exonerated him in a judgement when it dismissed the remaining seven counts after Justice Nyako struck out eight counts from the 15-count charge earlier preferred against him.
He dismissed allegations that Mr Kanu jumped bail on April 25, 2017, after the court granted him bail.
The lawyer, who argued that Mr Kanu, rather, escaped a military invasion at his residence, said as soon as he got to Israel, he submitted an affidavit to the effect.
On his part, Mr Danlami urged the court to dismiss Mr Kanu’s plea for lack of jurisdiction.
The lawyer said in their counter affidavit with four exhibits, one of the exhibits showed that Mr Kanu was physically and clinically sound.
The judge adjourned the matter until July 20 for judgment.
L
(NAN)