The Department of State Services (DSS) has dismissed claims by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, that he was denied proper medical care and subjected to treatment by unqualified doctors while in custody.
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At the Court of Appeal in Abuja on Wednesday, DSS counsel, I. Awo, maintained that Kanu has never been attended to by a quack doctor in the agency’s facility, contrary to his allegations. Awo urged the court to dismiss the appeal, describing it as lacking merit.
Counsel to the Attorney General of the Federation (AGF), T. Agber, also aligned with the DSS and prayed the court to uphold the earlier ruling of the trial court.
However, Kanu’s lawyer, Maxwell Opara, argued that the appeal marked CA/ABJ/CV/813/2022 challenged the June 3, 2022 decision of Justice Taiwo Taiwo (now retired) of the Federal High Court, Abuja. Opara contended that the trial judge erred by refusing to allow oral evidence on the dispute over whether Kanu was treated by qualified medical personnel.
“This issue has to do with somebody’s right to life,” Opara told the panel. “The respondents brought in a quack doctor to examine the appellant, despite his insistence on being seen by qualified medical experts. There was a clear conflict in evidence that required oral testimony, which the trial court rejected.”
He urged the court to promptly determine the appeal, stressing that “the life of an individual is involved.”
After hearing arguments, the three-member panel of the Court of Appeal, led by Justice Boloukuromo Ugo, reserved judgment to a date to be communicated to the parties. Other members of the panel are Justices Okon Abang and Oyejoju Oyewumi.
Kanu had earlier filed a fundamental rights enforcement suit (FHC/ABJ/CS/1585/2021), alleging deteriorating health in DSS custody, denial of his right to religion, and treatment by unqualified medical staff. In its June 3, 2022 judgment, Justice Taiwo dismissed the suit for lack of merit, ruling that Kanu failed to provide evidence of torture or denial of expert medical attention. The judge also held that while Kanu has a constitutional right to practice his religion, such practice cannot disturb the peace of other detainees in custody.
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