Subject: Clarification on the Role of the NMA in Declaring a Patient Fit for Trial — The Case of Mr. Nnamdi Kanu
From:
Dr. Adefolaseye Adebomi Adebayo
ENT/Head & Neck Surgeon
FWACS, FMC-ORL
To:
Prof. Bala Mohammed Audu
National President, Nigerian Medical Association (NMA)
National Secretariat, Abuja
Dear Prof. Audu,
I write to you as a concerned and committed member of our great Association, the Nigerian Medical Association (NMA). Recent reports in the national media have attributed to the NMA the declaration that Mr. Nnamdi Kanu, currently standing trial in Abuja, has been found fit to stand trial and that his illness is not life-threatening.
While it is understandable that the courts may, from time to time, request professional medical input in cases where an accused person’s fitness to stand trial is in question, I must respectfully request clarification from the National Secretariat on what constitutional or statutory basis the NMA as a corporate body performs such a function.
To the best of my knowledge, and according to the NMA Constitution and By-Laws available to members, our Association’s functions are primarily professional, ethical, and advocacy-based. Nowhere, as far as I can ascertain, is there any provision empowering the Association itself as opposed to independent medical experts or panels appointed by the court to declare a defendant fit or unfit to stand trial.
Traditionally, and in line with standard medico-legal practice, the process has always been as follows:
1.When a person’s fitness to stand trial is in question, the court appoints qualified medical experts, often forensic psychiatrists or a multidisciplinary medical board, to assess the individual’s physical and mental condition.
2.The panel reports to the court, which then makes the legal determination of fitness to stand trial.
3.The NMA, as a professional body, does not issue such declarations in its institutional capacity unless the Association is merely acting as an administrative conduit to nominate experts — in which case, it should be clearly stated that the declaration emanates from individual medical practitioners and not the NMA itself.
Given this distinction, I, along with many colleagues, seek your kind clarification on the following points:
•Under what article or section of the NMA Constitution or By-Laws does the Association have the authority to constitute or endorse a medical panel for determining a person’s fitness to stand trial?
•Was the panel that examined Mr. Nnamdi Kanu constituted as a court-appointed body through the NMA, or was it presented publicly as an NMA-declared verdict?
•If the latter, how does this align with the professional and ethical boundaries of our Association as defined by its constitution?
Sir, as you would agree, clarity on this matter is necessary not only to uphold the integrity and independence of our profession but also to ensure that the public correctly understands the role of the NMA in sensitive medico-legal proceedings.
I therefore humbly urge the National Secretariat to issue an official clarification, citing the specific constitutional or statutory framework that underpinned the Association’s involvement in this particular case.
Thank you for your kind attention and continued leadership of our Association. I trust that your office will provide the needed transparency to reassure members and the public alike.
With professional regards,
