The decision to fix the date was made by Justice Binta Nyako after Mr Kanu's counsel, Mike Ozekhome, SAN, and the lawyer representing the SSS, A.M. Danlami, presented their arguments and processes for and against the suit.
In the suit marked FHC/ABJ/CS/2341/2022, Mr Kanu, through his legal team led by Mr Ozekhome, sued the SSS and its director general as the first and second respondents.
He requested the court's permission to apply for an order of mandamus that would compel the SSS to grant him unrestricted access to his medical doctor, among other things. On February 1, the court granted Mr Kanu the opportunity to apply for the order of mandamus through an ex-parte motion filed by Mr Ozekhome.
However, the SSS filed a preliminary objection, urging the court to dismiss the suit due to lack of jurisdiction. During the resumed hearing, Mr Ozekhome informed the court that the motion, dated February 2, was served on the respondents on February 3.
The motion sought an order of mandamus against the respondents, alleging that the SSS had violated the earlier order of Justice Nyako, which granted Mr Kanu access to his doctor. Mr Ozekhome argued that such actions were in violation of Section 7 of the Anti-Torture Act.
Mr Ozekhome revealed that ten exhibits were attached to the affidavit, two of which detailed Mr Kanu's medical report prior to his arrest in Kenya on June 27, 2021, as well as his present health status.
The application put forth by Mr Ozekhome's team was that an independent doctor should be allowed to attend to Mr Kanu in the presence of security operatives. He further argued that a defendant, as stipulated by the law, should stand trial without being in a wheelchair.
"We asked if we could see his medical report, and they are refusing, and if he dies, this will cause a national commotion," Mr Ozekhome expressed his concerns. Additionally, he mentioned that a further affidavit was filed in the suit, accompanied by two exhibits. One of the exhibits included a certified true copy of the judgment from the Federal High Court, Umuahia, where the court awarded N500 million in damages against the respondents for the illegal rendition of Mr Kanu from Kenya to Nigeria.
Moreover, Mr Ozekhome stated that a Court of Appeal in Abuja had exonerated Mr Kanu in a judgment that dismissed the remaining seven counts after Justice Nyako struck out eight counts from the initial 15-count charge.
The lawyer vehemently denied allegations that Mr Kanu had jumped bail on April 25, 2017, following his release by the court. Instead, he argued that Mr Kanu had escaped a military invasion at his residence and immediately submitted an affidavit to that effect upon reaching Israel.
In response, Mr Danlami, the SSS lawyer, urged the court to dismiss Mr Kanu's plea on grounds of lack of jurisdiction. He presented a counter affidavit with four exhibits, one of which demonstrated that Mr Kanu was physically and clinically sound. The judge has adjourned the matter until July 20 for judgment.
(NAN)