Absence of CMD stalls hearing in suspect’s death in police custody

The absence of the Chief Medical Director of the Barau Dikko Hospital, Kaduna on Friday stalled hearing in a case in the alleged death of a suspect, Nanpon Sambo, in the Federal High Court in Jos.
Justice Dorcas Agishi in December ordered the CMD to appear before her to explain the cause of the alleged death of Sambo while in police custody.
Agishi ordered the CMD to give details on what killed Sambo.
When the case came up for hearing on Friday, the CMD was not in Court as ordered by the Judge in December.
Sambo’s Counsel, D.G. Dashe, had told the court that the business for the day was for the CMD of Barau Dikko Hospital, Kaduna to explain to the court with medical reports on how Sambo died.
He said: “Unfortunately, from all indications, it appears the CMD or any of his representative is not here in court today in compliance to your Lordship’s order made in December.”
At that point, the Court Register, M. A. Denis, stood up and informed the Court of an earlier phone call he received from one Ibrahim Inusa on behalf of the CMD informing him of the inability to come around as ordered.
He said: “Inusa said that they were served with the court order on January 20 but needed some time to prepare the report and print it out before coming.
“He also said that because of the Lassa Fever outbreak across the country, the CMD has been summoned by the Kaduna State Governor toward checkmating the spread of the disease and so his isn’t disposed to come.”
Dashe, in response, said since an attempt has been made by the CMD, he wasn’t going to oppose it but apply for an adjournment to enable him come before the Court.
He said: “My lord, since an attempt has been made through the court registrar, we are not going to oppose it but rather apply for another date for the CMD to come properly to explain to us the cause of Sambo’s death.
“In the circumstance, I hereby apply for an adjournment for the hearing of report of Sambo’s cause(s) of death as alleged by the police.”
Keturah Saliyuk, the Prosecution Counsel from the Ministry of Justice, did not oppose the application.
But Ayanna, Counsel to the Police, who also did not oppose the application, told the court that he has a motion which he would like to move on the Court’s order of contempt against the Inspector General of Police and Deputy Commissioner of Police, Abba Kyari, in charge of the IGP Special Intelligence Response Team.
But Dashe and Saliyuk objected to the application on the ground that the business of the day was on the medical report being expected from the CMD.
The judge then adjourned the case to February 19 for hearing of the hospital’s medical report through the CMD and Ayanna’s motion.
The News Agency of Nigeria reports that on October 29, 2019, the police counsel, Joshua Ayanna, told the court that the suspect, Sambo, fell ill and died while in custody.
The police had claimed that Sambo, who is charged with illegal possession of fire arm, took ill and was rushed to the hospital in Kaduna, where he died.