Against the background of the alleged public appearance of President Umaru Yar’Adua, a civil society group, Socio-Economic Rights and Accountability Project (SERAP), has asked the Federal High Court in Lagos to compel Dr Salisu Banye, personal physician to President Umaru Yar’Adua, to “release information on oath on the present medical condition of the President, in order to definitively decide whether he is capable of continuing to perform his public trust and constitutional responsibility as President; and if he is not, for appropriate measures to be taken to address the situation.” In the suit number FHC/L/CS/390/2010, dated 25 March 2010, and filed by SERAP’s executive director Adetokunbo Mumuni, the group said that, “The failure and/or refusal of Dr Salisu Banye to provide a sworn statement and information on President Umaru Yar’Adua’s current medical condition, and the names of the medical specialists providing treatment to President Yar’Adua is illegal and unlawful as it violates the Applicant’s right to receive information and breaches the fiduciary relationship implied and imposed by Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.”

The suit is brought under the newly enacted Fundamental Rights (Enforcement Procedure) Rules 2009.

The group argued that, “Despite demand by the Applicant, Dr Salisu Banye has failed and/or refused to publish in major national newspapers and to forward to the Federal Executive Council or the National Assembly a sworn statement on the medical records and conditions of President Umaru Yar’Adua; and on the names of the medical specialists providing treatment to the President.”

According to the group, “Given the public nature of his duties, Dr Salisu Banye has a fiduciary responsibility to provide accurate information to the Applicant and all Nigerians on the medical condition of President Umaru Yar’Adua in order to allow the citizens, the Federal Executive Council and the National Assembly to decide whether he is capable of continuing to perform his public trust and constitutional responsibility as president, and if he is not, to take appropriate measures to address the situation.”

“Since his alleged return to the country from Saudi Arabia where he reportedly received medical treatment for months, many high level government officials have been denied access to President Yar’Adua. And there are doubts about his capacity to continue to govern the country as his medical condition remains shrouded in secrecy. This situation continues to be exploited by some people apparently for political or pecuniary reasons thereby precipitating unnecessary tension and political uncertainty in the country, and contributing to violation of internationally recognized human rights,” the group further argued.

According to the group, “Publishing a sworn statement about the president’s current medical condition is of particular importance because of the documented history of deception and secrecy regarding his health. A sworn statement will ensure that Dr Salisu Banye takes responsibility for the truthfulness and accuracy of the contents of the medical report of President Yar’Adua; and can be prosecuted for perjury if the reports are false as this is the only way to resolve the lingering doubts on the medical condition of the president.”

The group also argued that, “Everyone has the right to access information held by private persons or bodies, which is necessary for the exercise or protection of any right; any refusal to disclose such information is subject to appeal to an independent body and/or the courts. This is based in part on the following fundamental principles: that the Nigerian people have the right to be governed only with their consent; that people’s consent is meaningful only when they have access to information necessary for making informed decisions about their leader’s medical condition; and that such information is necessary for making informed decision”.

The group is asking the court for the following reliefs:

1. A DECLARATION that the failure and/or refusal of the Respondent to urgently publish in major national newspapers and to forward to the National Assembly a sworn statement on the medical records and conditions of President Umaru Yar’Adua is illegal and unlawful as it violates Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act

2. A DECLARATION that the failure and/or refusal of the Respondent to publish in major national newspapers and to forward to the National Assembly a sworn statement on the names of the medical specialists providing treatment to President Umaru Yar’Adua is illegal and unlawful as it violates Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act

3. AN ORDER OF MANDAMUS compelling the Respondent to publish in major national newspapers and to forward to the National Assembly a sworn statement on the medical records and condition of President Umaru Yar’Adua; and on the names of the medical specialists providing treatment to President Umaru Yar’Adua

No date has been fixed for the hearing of the suit.

Signed
Ugochi Okpe
Staff Counsel
29/3/2010


Link:

http://www.saharareporters.com/letters/press-releases/5655-yaradua-serap-asks-court-to-order-doctor-to-disclose-medical-condition-.html

please leave this man alone. if he wants to be a sleeping president i think we should let him be or allow Jonathan exit him at the right time and if Jonathan is comfortable having a sleeping and hiding president while he remains acting president then let them be.

Serap coordinator can u ask ur doc to publish your healt reports? What is ur HIV status?

marvix:

please leave this man alone. if he wants to be a sleeping president i think we should let him be or allow Jonathan exit him at the right time and if Jonathan is comfortable having a sleeping and hiding president while he remains acting president then let them be.

Serap coordinator can u ask your doc to publish your healt reports? What is your HIV status?

I think there is nothing wrong in such request.
Since the HOA has decided, they wont be able to act on impeaching the president, then, making public his health record might help us to push them to act, however, what stops them from showing us a health report of a new born baby as that of Yaradua . . . . .Na Nija now