A Federal High Court in Abuja has dismissed N1 billion fundamental right enforcement lawsuit filed against the Nigerian government by Mr. Abdulrasheed Maina, the convicted former chairman of the disbanded Pension Reform Task Team.
Justice Inyang Ekwo on Wednesday ruled that there was no verifiable evidence before it to establish that Maina has any life-threatening ailment.
IsL source had reported how Justice Okon Abang convicted and sentenced Maina to 61 years in prison for money laundering in 2021.
Maina, therefore, approached the court and claimed that the Nigerian government had forbidden him from receiving medical care in the hospital of his choice.
He insisted that he was suffering from a life-threatening ailment that required urgent medical attention.
Cited as 1st and 2nd Respondents in the suit marked: FHC/ABJ/CS/1729/2022, were the Minister of Interior, Rauf Aregbesola, and the Controller-General of the Nigerian Correctional Service.
He also urged the court to issue an order of perpetual injunction, to retrain the two Respondents from preventing him from seeking medical attention from a reputable hospital of his choice.
He claimed that denying him access to medical care amounted to a violation of his legal rights.
But in a decision handed down by Justice Inyang Ekwo on Wednesday, the court dismissed Maina’s claim as lacking merit.
The judge noted that prisoners have the right to receive medical care but do not have the right to select which hospital to use.
He noted that the officials of the correctional service (prison) did the right thing by taking Maina to the University of Abuja Teaching Hospital over 20 times.
“Taking a prisoner to a hospital for 23 times demonstrates care and attention on the part of the custodial authorities,” Justice Ekwo held.
“This application is a ruse and an attempt to belittle the essence of criminal conviction.
“I find that the application lacks merit and I make an order dismissing it,” the judge added, IsL source reports