Court overrule Nnamdi Kanu no-case submission, delay im transfer request to National Hospital

Di Federal High Court, Abuja don overrule di no-case submission filed by di leader of Indigenous People of Biafra (Ipob) Nnamdi Kanu against di terrorism charges wey di Nigeria govment sama against am.

Justice James Omotosho wey dey in charge of di trial rule dis Friday say govment don establish prima facie evidence against Kanu and in di spirit of fair hearing, di defendant dey required to enta im defence.

Di court also order make di Nigeria Medical Association (NMA) investigate Kanu health status to determine weda e dey fit to stand trial and weda e dey necessary to transfer am from di detention facility of di Department of State Services (DSS) to di National Hospital.

Court say di defendant Kanu still get right to life and e gatz dey alive to dey alive to face im trial.

According to di court, di NMA go set up investigative panel of between eight and 10 members wey go consider weda Kanu truly get life-threatening disease, weda di medical facility of di DSS dey inadequate to treat am, and weda e even dey fit to stand trial.

Wetin happun for court

As di matter start dis Friday, Nnamdi Kanu lawyer, Onyechi Ikpeazu tell di court say one ogbonge professor of medicine, Martin Aghaji, na im bin conduct comprehensive medical examination for Kanu, and na im recommend say di defendant go require closer monitoring and treatment.

Ikpeazu refer to di counter affidavit wey di DSS bin file to oppose di transfer of Kanu to di National Hospital, wia dem tok say Kanu new physician no carry di DSS doctors along for di supposed medical test wey e do.

Di defence counsel say na routine practice for medicine globally for patient to seek second opinion, and wen e wan seek second opinion, di first physician wey dey treat di patient no need to dey consulted, or else e no longer go dey considered as second opinion.

On di issue wia di DSS say di National Hospital no get enough security to host terrorism suspect like Kanu, Ikpeazu say di DSS fit keep am for private ward wey dem no go disclose to anybodi.

"Di defendant dey come to court everyday, and we neva get any security incident whatsoever," e tok.

Ikpeazu further say dat since both parties don swear affidavit on dis issue, di mata don bicome a case of "oath against oath", and for law, wen such a situation dey ground, di only tin wey fit break di deadlock na documentary evidence.

E say dem don file di comprehensive result of di defendant medical test as evidence, and urge di court to grant dia application.

Responding, counsel to di govment, Adegboyega Awomolo, say govment truly care about di health of di defendant and dem don dey give am di best care since e don dey dia custody.

Awomolo say na di new lead physician wey Kanu choose, na im bin change im medications witout consulting di DSS consultants who don dey manage im health for more dan four years.

E also point out say di new doctor wey dey manage Kanu health no dey work for di National Hospital, and di hospital neva affirm say dem get di medical and security facilities to host di defendant.

Awomolo also refer to di medical report by Kanu doctor wia e bin recommend for Kanu to be taken to di United States of America for better treatment.

"Why e dey recommend America, wen e know well-well say di defendant na flight risk? How e go fit guarantee say wetin bin happen bifor no go happen again?" Awomolo ask.

He say di defendant dy always boast say e get thousands of supporters. "How we go guarantee say im supporters no dey camp for di National Hospital waiting to whisk am off for night?"

Awomolo also tell di court say di Nigeria Medical Association (NMA) wan set up panel to review di medical report by Nnamdi Kanu doctor as well as di report by di DSS experts.

E beg di judge to give dem one week for di NMA to give dia opinion after reviewing both reports.

Justice Omotosho ask Ikpeazu weda e know about di NMA intervention, and e say im just dey hear am for court.

Di judge asked am weda e dey opposed to intervention by di NMA, and Ikpeazu respond say if it na order of di court, dem no get option but to abide by it.

Ruling on transfer to National Hospital

Afta listening to di arguments, Justice Omotosho adjourn di court for two hours, to come back and deliver ruling on both di application to transfer Kanu to di National Hospital, and di no-case submission wey dem bin file.

Wen di mata resume afta di two hours break, di trial judge start im ruling wit di hospital tranmsfer request.

E say e no dey in contention say di defendant im right to life and good health.

"I wholeheartedly subscribe to di fact say di defendant need to dey alive in order to face im trial," Omotosho tok.

Howeva, e point out say di fact say di defendant give im new physician exclusive control over im health witout di involvement of di medical experts of di DSS, raise suspicion

E also noted say counsel to di defendant no challenge di fact say di defendant na flight risk.

Daifore, di trial judge give di following orders:

For di president of Nigeria Medical Association (NMA) to constitute investigative panel of between eight and 10 members to consider weda Kanu truly dey suffer from di medical issues wey di medical report say e get; Weda di medical facility of di DSS dey well equipped to handle di medical issues of di defendant, and weda di defendant even dey fit to stand trial.

Omotosho also order say di chief medical officer of di National hospital or im representative gatz be member of dis investigative panel.

"Di report of di NMA panel of investigation go dey by di chairman and secretary of di panel and dem go submit am to dis court witin eight days from today," e tok.

Ruling on no-case submission

For di no case submission issue, Justice Omotosho say no-case submission na situation where e no get sufficient evidence against di defendant, or wia di prosecution no establish a prima facie case wey go make di defendant to enter im defense.

"At dis point, di court go only concern imself wit determining a prima facie case, and not to determine weda proof beyond reasonable doubt," e tok.

"I don carefully go tru di evidence wey di prosecution bin present. Di evidence show say di defendant need to enta some explanation.

"Dis one no be to say dat di defendant dey guilty as charged, but na opportunity to give am fair hearing and allow am to exhaust im chances of explaining imsef.

"Consequently, dis no case submission dey overruled and di defendant dey hereby required to enta im defence."

Di trial judge also mention di issue of 'extraordinary rendition' wey di defence counsel bin raise for im no-case submission, and e tok say no evidence dey bifor di court to dat regards.

Las las, di judge adjourn di matter to October 8 to consider di report of di NMA.

E tok say if dem determine say Kanu dey fit enough to stand trial, di accelerated hearing go still stand and im go give di defense team nine consecutive days to take and close dia defense.