NMA TASKED ON ROLE IN DECLARING NNAMDI KANU FIT FOR TRIAL

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Dr. Adefolaseye Adebomi Adebayo, an ENT/Head and Neck Surgeon, has written an open letter to the National President of the Nigerian Medical Association (NMA), Prof. Bala Mohammed Audu, seeking clarification on the Association’s alleged role in declaring Mr. Nnamdi Kanu fit to stand trial.

In the letter, Adebomi expressed concern over media reports suggesting that the NMA had determined that Kanu’s illness was not life-threatening and that he was medically fit for trial in Abuja.

She questioned the constitutional or statutory basis for the NMA, as a corporate body, to perform such functions.

According to Adebomi, the NMA’s mandate, as outlined in its Constitution and By-Laws, is primarily professional, ethical, and advocacy-based.

She noted that there is no provision empowering the Association itself, rather than independent medical experts or panels appointed by the court, to declare a defendant fit or unfit to stand trial.

She said, “While it is understandable that the courts may, from time to time, request professional medical input in cases where an accused person’s fitness to stand trial is in question, I must respectfully request clarification from the National Secretariat on what constitutional or statutory basis the NMA as a corporate body performs such a function.

“To the best of my knowledge, and according to the NMA Constitution and By-Laws available to members, our Association’s functions are primarily professional, ethical, and advocacy-based.”

“Nowhere, as far as I can ascertain, is there any provision empowering the Association itself as opposed to independent medical experts or panels appointed by the court to declare a defendant fit or unfit to stand trial,” she added.

According to her, traditionally, when a person’s fitness to stand trial is in question, the court appoints qualified medical experts, often forensic psychiatrists or a multidisciplinary panel, to assess the individual’s physical and mental condition.

She said the panel then reports its findings to the court, which makes the final legal determination.

Adebomi noted that the NMA does not issue such declarations in its official capacity, except when acting as an administrative body to nominate experts, in which case any declaration should come from the individual medical practitioners rather than the Association itself.

She further outlined standard medico-legal practice, stating that courts typically appoint qualified medical experts, including forensic psychiatrists or multidisciplinary panels, to assess an accused person’s physical and mental condition. The court then makes the final legal determination, she said.

Adebomi urged the NMA to clarify whether the panel that examined Kanu was a court-appointed body or whether the declaration was publicly presented as an NMA verdict.

She questioned how such a declaration aligns with the professional and ethical boundaries of the Association if it was issued under its institutional name.

She said, “Given this distinction, I, along with many colleagues, seek your kind clarification on the following points: Under what article or section of the NMA Constitution or By-Laws does the Association have the authority to constitute or endorse a medical panel for determining a person’s fitness to stand trial?

“Was the panel that examined Mr. Nnamdi Kanu constituted as a court-appointed body through the NMA, or was it presented publicly as an NMA-declared verdict?

“If the latter, how does this align with the professional and ethical boundaries of our Association as defined by its constitution?

“Sir, as you would agree, clarity on this matter is necessary not only to uphold the integrity and independence of our profession but also to ensure that the public correctly understands the role of the NMA in sensitive medico-legal proceedings.”

She concluded the letter by requesting that the NMA issue an official statement explaining the constitutional or statutory framework underpinning its involvement in the case, to reassure both members and the public.

Meanwhile, the situation has sparked reactions online, with Chinyere Ewekechinyere (@ewekechinyere) sharing her thoughts on X: “In life,there is always that one opportunity to leave a LEGACY for posterity.

“When your opportunity came,you took it and used it to conscientise the NMA.

“May this courage emboldens you to continue to speak up for the less fortunate. History will be kind to you.”

Similarly, SupremeClerk (@SirOdigie) wrote, “…rightly questions under what law or constitutional authority the NMA can declare #NnamdiKanu “fit for trial.”

“This is not just about one man — it’s about medical ethics, professional integrity, & transparency in #Nigeria’s justice system,” the X user said.

“The NMA must clarify this immediately.”

Basil Azuwike (@BASILAZUBUIKE) said, “I have not heard of NMA involvement determining the health status of corrupt politicians who usually claim to be sick during trials. Wondering why Nnamdi’s own should be a stand out case.”

Also, SizZzle (@n6oflife6) wrote, “Basically, they should not involve the Nigerian Medical Association and all Nigerian Doctors of Repute in their Sham trial. Well spoken Madam. God bless you.”

Joshua Oluwatobiloba Shittu (@mercyseat001) said, “My own where was NMA when our politicians appear in court on wheelchairs, in bandages etc?

“Why didn’t the court request for NMA opinion? WE ALL KNOW WHAT WE ARE DOING.”

About Dons Eze

DONS EZE, PhD, Political Philosopher and Journalist of over four decades standing, worked in several newspaper houses across the country, and rose to the positions of Editor and General Manager. A UNESCO Fellow in Journalism, Dr. Dons Eze, a prolific writer and author of many books, attended several courses on Journalism and Communication in both Nigeria and overseas, including a Postgraduate Course on Journalism at Warsaw, Poland; Strategic Communication and Practical Communication Approach at RIPA International, London, the United Kingdom, among others.

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