Dare Babalola
A federal high court in Abuja has granted an order directing the president of the Nigeria Medical Association (NMA) to constitute an investigative panel to ascertain the health condition of Nnamdi Kanu.
James Omotosho, presiding judge, gave the directive on Friday while ruling on an application seeking to move the defendant from the Department of State Services (DSS) custody to the National Hospital in the Federal Capital Territory (FCT) for treatment.
Justice Omotosho, who reviewed arguments by Kanu’s lawyer, Onyechi Ikpeazu (SAN) and that of the prosecution, Adegboyega Awomolo (SAN), also asked the team to determine whether or not it was necessary to transfer Kanu to the National Hospital as he requested and whether Kanu’s medical status was such that could make him unfit to continue to stand trial.
The judge also ordered that the Chief Medical Director of the National Hospital or his representative should be a member of the team.
Justice Omotosho ordered that the report of the team’s findings should be signed by both its Chairman and Secretary and which should be filed in the court’s registry within eight days from today.
Also, the court rejected the no-case submission made by the detained self acclaimed leader of the Indigenous People of Biafra (IPOB) in his ongoing alleged terrorism trial.
He held that the prosecution has established a prima facie case against Kanu to warrant that he be ordered to enter his defence.
The judge who overruled Kanu’s no-case submission, found that the evidence led by the prosecution and the exhibits it tendered have raised serious allegations of Kanu’s involvement in terrorism activities to warrant that he be given the opportunity to defend himself.
Justice Omotosho said the evidence and exhibits and the need for him to demonstrate and lead evidence on his allegations of an extra ordinary rendition, requires that the defendant is given the opportunity and afforded his fundamental rights to fair hearing to be allowed to enter his defence.
Kanu is being prosecuted by the DSS on a seven-count charge bordering of his alleged involvement in terrorism activities.
