In order to receive immediate medical attention, he is requesting an order to be transferred from the Department of State Services’ custody to the National Hospital in Abuja.
Chief Kanu Agabi (SAN) filed the request on September 3 after his attorneys said his health had taken a “worrisome turn” while he was being held.
Justice Musa Liman, the vacation judge, had previously given permission for the application to be considered during the court’s yearly holiday, stating that it was urgent.
“In my opinion, the right to health is just as significant as the right to life. Kanu’s attorney, Uchenna Njoku (SAN), was instructed to serve processes on the DSS after Justice Liman decided that the vacation court might hear the case on September 15.
Emmanuel Kanu, Kanu’s brother, attested in his supporting affidavit that the IPOB leader had recently complained of ongoing physical aches and weakness.
He said that when physicians were sent to check him, they found concerning health issues.
He claims that a group of medical professionals led by Emeritus Prof. Austin A.C. Agaji performed tests in August and notified the family on September 1 that Kanu had liver and kidney problems, dangerously low potassium levels, and a swelling under his armpit that needed immediate medical attention.
According to medical evaluations, Kanu should be sent right away to the National Hospital as a temporary solution, Agabi said the court.
“It is more urgent to bring this application before a vacation judge because the applicant’s health is seriously deteriorating given the nature of his confinement,” Agabi contended.
A developing mass beneath his armpit, dangerously low potassium levels, and problems with his pancreas and liver were all discovered during the test. To prevent further deterioration, the physicians have suggested that he be sent to the National Hospital.
Agabi further said that the physicians’ letter to the DSS Director-General suggesting Kanu’s transfer had not received a response.
Kanu is presently on trial for terrorism-related offenses before Justice James Omotosho of the same court.
His attorneys pointed out that he was still being held since a pending bail application that was submitted on May 19 could not be heard prior to the court’s vacation.
They maintained that the DSS would not be harmed by approving the transfer request.
Agabi insisted that the DSS would not suffer any prejudice if the application was granted. “The court has the authority to hear the application and grant the prayers requested in it.”
In the application, which is stamped FHC/ABJ/CR/383/2015, Kanu’s legal team cites 11 reasons why the request should be approved, arguing that his life and health were in jeopardy.
After hearing arguments from both parties today, the court is anticipated to make a decision about the application.
Following his kidnapping in Kenya and subsequent return to Nigeria, Kanu has been under DSS detention since 2021.
