According to the counter affidavit, in July 2021, a Consultant of Heartland Cardiovascular Consultants Limited Dr Onye Achillihu was engaged for the treatment of Kanu.

While expressing shock at how Prof Martin Aghaji, a retired Professor from the University of Nigeria, Nsuka, Enugu came about the deteriorating sickness of Kanu, DSS said that the exclusions of its Medical Officers who have been managing him without hitches, cast doubt on the good faith and credibility of the report and recommendations,

DSS recalled that in 2021 when Kanu was brought into its custody, he had hypertension of five years duration with hypertensive heart disease, low serum potassium levels and recurrent nose bleedings.

The agency said that Specialists were engaged with Dr Abiodun Olugbenga of the Federal Medical Center, Abuja as medical team leader and was at Kanu’s request, replaced by Dr Onye Achillihu who in the same circumstances, was in 2025 replaced by Professor Martin Aghaji.

Upon the take over, Aghaji was alleged to have disrupted the mode of treatment of Kanu by singularly making a sweeping adjustment and attending to him at the exclusions of DSS medical officers leading to a protest that was ignored.

It further asserted that a letter was written to Prof Aghaji on the consequences of his actions that can lead to blame of DSS on any negative event but that same was also ignored by Aghaji.

Instead, Aghaji was reported to have on August 24, 2025 unilaterally caused a letter that the continued detention of Kanu without adequate access to health care facilities was improper.

It averred that before writing the letter, Prof Aghaji has never faulted, discredited or scored low, the facilities and standard of the DSS Medical Center.

DSS averred that the claims of Aghaji was speculative, raising an unjustifiable alarm medically and a mere emotional outburst not expected from a medical expert of his caliber.

The security agency therefore argued that there was no need to admit Kanu to a private ward in public hospital as recommended by Aghaji in his letter.

It claimed that the recommended National hospital has no security facilities, personnel and infrastructure that can guarantee the safety and security of Kanu.

The secret police insisted that the identified ailments of Kanu are exaggerated as they are those that can be handled effectively at the DSS health facilities.

DSS averred that Kanu once jumped bail and his bail conditions revoked by court adding that it would take full militarization to secure safety and well-being of Kanu if moved to the National hospital as such would also cause inconveniences to other patients and their families.

Kanu had through his lawyers led by Kanu Godwin Agabi SAN, filed a motion on notice seeking transfer from the DSS custody to the National hospital in Abuja.

The motion on notice was predicated on a letter and recommendations by Aghaji that the detainee was suffering deteriorating health issues.

Kanu, in the motion with charge number: FHC/ABJ/CR/383/2015, sought an order of the court for the DSS to move him from their custody to the National Hospital.

He said that examination carried out on him, revealed issues to his health, including organs such as his pancreas and liver as well as an emerging lump underneath his armpit and dangerously low levels of potassium.

His younger brother, Emmanuel Kanu claimed on his behalf that “The doctors have recommended that he be moved to the National Hospital as an interim measure to afford him medical attention and forestall further decline.

“The applicant’s health is seriously deteriorating considering the nature of his confinement, thereby making more pressing, the need to bring this application and have the same heard by a vacation judge,” Agabi said.

He alleged that a letter by the doctors to the Director-General of the DSS, advising the transfer of Kanu had gone without answer.

He said the urgency of the matter had, therefore, necessitated the filing of the application as a measure to arrest further decline of Kanu’s health while spirited efforts were being made to treat him.

A Federal High Court sitting in Abuja on Monday, however, declined to hear the motion for transfer from the custody of DSS to National Hospital in Abuja.

The presiding judge, Justice Musa Liman, said his fiat to sit as a vacation judge had ended on Monday and therefore lacked the jurisdiction to entertain such a new matter for hearing.