The Supreme Court has dismissed a motion by the chairman of the All Progressives Congress, APC, in Rivers State, Ojukaye Flag-Amachree, seeking to travel to Dubai for medical check-up.
The APC chairman is currently standing trial on allegation of murder of a man during the 2015 election in Asari-Toru Local Government Area of the state.
The News Agency of Nigeria, NAN, reports that Justice Inyang Okoro, while giving the ruling, held that the application lacked merit.
The judge added that the applicant was being prosecuted for a murder case.
Justice Okoro pointed out that the “medical update letter,” dated December 15, 2016, had no connection with the type 2 diabetes melitus which Flag-Amachree claimed he had.
The Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, who presided over the panel, expressed worry why Flag-Amachree’s trial had not commenced fully after 25 adjournments.
The CJN said from the records of the court, Flag-Amachree had not appeared in court all the while.
NAN recalls that Flag-Amachree’s five charges bordering on the alleged murder of Iminabo Dokubo and attempted murder of Ipalibo Jackson is pending at the High Court in Port Harcourt.
The applicant had approached the court with a motion on notice pursuant to sections 33, 36(5) and (6), and Section 41 of the 1999 Constitution, as amended.
Flag-Amachree had sought an order granting him leave to travel to Dubai, United Arab Emirates, to enable him meet up with the medical appointment scheduled with Dr. George Davis
He had also prayed for the release of his passport with issuance No. A04003142, deposited with the registrar of the Court of Appeal as part of the conditions of the bail granted him,
The applicant was, however, refused bail on May 26, 2016 by a High Court in Port Harcourt, but had the decision set aside on November 24, 2016 by the Court of Appeal in Port Harcourt.
Flag-Amachree stated that following his detention and subsequent release by the appellate court, his health had deteriorated, leading to his collapse and resuscitation on various occasions both in and out of prison.
The applicant averred that the Saudi German Hospital had agreed to treat him and therefore scheduled an appointment with him for February 16, 2016 at Dubai, UAE.
Flag-Amachree said he could not meet the appointment, as his passport had been with the Court of Appeal, Port Harcourt.
He stated that a similar application had earlier been filed at the Court of Appeal on January 24, 2017 but was struck out on February 28 of the same year.