- Safiu Kehinde
Embattled leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, has slammed a N50 billion suit in damages against the Nigerian Medical Association (NMA) for allegedly tendering a forged medical report in his trial at the Federal High Court in Abuja.
Kanu, in his fresh suit at the Abuja High Court, also sought an order compelling the NMA to conduct a proper, independent medical examination of him by competent specialists not connected with the defendants in the instant suit.
The IPOB leader had, in the suit, named NMA; its President, Dr Bala Audi, and members of the team the issued the medical report as defendants.
The team included Dr Benjamin Egbon; Prof. Emem Abraham; Dr Ajibare Adeola; Dr Temitope Farombi; Dr Sunday Owolade; Dr Mustapha Salihu; Dr Yarima Yusuf; Dr Nwosu Ekeoma and Dr Benjamin Olowojebutu.
In the certified true copy of the suit marked: CV/4584/25, dated and filed on November 12 by Maxwell Opara, the IPOB leader accused the defendants of malice, negligence and professional misconduct, including their alleged failure to perform the duty imposed on them by the trial court to personally examine him.
Kanu claimed that the defendants knowingly issued a false and misleading medical report and acted in bad faith, reckless disregard, and gross dereliction of professional ethics.
He also accused them of conspiring “to pervert and in fact perverted the course of justice” and “caused avoidable pain and injury to the claimant’s person and reputation. ”
Kanu, in his statement of claim, averred that no medical examination was conducted on him as ordered by the trial court.
He stated that “while standing trial at the Federal High Court in Suit No: FHC/ABJ/CR/383/2015, he experienced a significant deterioration in his health condition.”
He said, through his counsel, he submitted a medical report to the trial court evidencing his ill-health and prayed for either bail or access to proper medical care.
He said after the prosecution challenged the authenticity of his said medical report, the trial court ordered NMA to constitute a committee to examine him and make an independent medical report on his state of health and fitness to stand trial while in detention.
“Pursuant to the said order, the 1st defendant- Nigerian Medical Association- acting through its President; the 2nd defendant, was to constitute a panel and physically examine the claimant at the place of his detention.
“The claimant avers that at no time did the 2nd defendant or any committee of the 1st defendant visited, interviewed or examined him medically in compliance with the order of the court,” Kanu said.
He said he was, however, surprised that the defendants purportedly forged, prepared and submitted a false medical report dated Sept. 23 to Justice James Omotosho at the Federal High Court (FHC).
According to him, the said report is a fabrication, made without any medical examination or consultation with the claimant (Kanu).
He said such action constituted a gross professional misconduct, perjury, reckless disregard for the authority of the court and his rights.
He said the “false report was intended to mislead the court and in fact, it did mislead the court, discredited the claimant’s genuine medical condition and subjected him to further suffering, pain, and risk of irreversible deterioration in health.”
Kanu, therefore, sought a declaration that the purported medical report dated September 23 and submitted by the defendants to FHC “is false, fabricated and made in violation of the order of the court and the professional ethics of medical practice.”
He urged the court to declare that their conduct constituted a gross violation of his right to fair hearing and to dignity of human person as guaranteed under Sections 34 and 36 of the 1999 Constitution (as amended).
Kanu sought, “An order directing the defendants to withdraw and publicly retract the said false medical report.
“An order of perpetual injunction restraining the defendants, their agents, privies or assigns from further publishing or relying on any false or unverified medical report concerning the claimant.
“An order compelling the Nigerian Medical Association to conduct a proper, independent medical examination of the claimant by competent specialists not connected with the defendants herein.
“An award of general damages in the sum of N50 billion for injury to health, reputation, emotional distress, and violation of the claimant’s fundamental rights.
“An award of exemplary damages in the sum of N500 million for malicious fabrication and abuse of professional authority.
“An award of the sum of N15 million being cost of this action.”