The Federal High Court sitting in Abuja on Wednesday dismissed a N1bn Fundamental Human Rights suit filed by former Chairman, defunct Pension Reform Task Team (PRTT) and convict Abdulrasheed Abdullahi Maina.
Maina had filed the suit against the Minister of Interior Rauf Aregbesola and Controller General of Nigerian Correctional Services Haliru Nabada over
their refusal to allow him attend medical treatment in a reputable hospital of his choice.
The former (PRTT)Chairman is currently serving an eight years jail term that took effect from October 26, 2019 at Kuje prison and had brought the application seeking the sum of N1bn as general or aggravated damages for breaches of his right.
The convict also sought an order of perpetual injunction restraining the respondents from preventing him from seeking “medical attention from reputable and recognized hospital of choice.
Delivering judgment, Justice Inyang Ekwo, said that it is accepted universally that prisoners have a right to receive medical treatment. However, such prisoner don’t have right to choose a specific medical treatment and can not hold the state to ramson on such demand.
The judge further held that the authorities of Correctional Service have done what the law requires of them by taking Maina to the Cardiological Department, Orthopaedic and ENT Departments of the University of Abuja Teaching Hospital, Gwagwalada for about 23 times.
He said that, the uncontroverted exhibits, showed that Maina had been provided with medical attention and treatment suitable for his station in life as at the time of filing the application
“Taking a prisoner to a hospital for twenty-three times demonstrates care and attention on the part of the custodial authorities.”
The court also found that Maina did not provided any compelling evidence to prove that the minister and the Controller General had infringed on any of his basic right as provided by the law while in their custody.
The judge held that from evidence in Court it was clear that the applicant is not just looking for medical treatment but an indulgent lifestyle while in prison.
He said that the applicant want to be treated as a privilege person with absolute rights.
The held that, “this application is a ruse,” and an attempt to belittle the essence of criminal conviction and to aid the applicant (Maina) to live above the law.
“I find that the application lacks merit and I make an order dismissing it ,” he held.