Justice Musa Liman of the Federal High Court (FHC) in Abuja on Monday referred back to the Chief Judge a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking urgent medical transfer.
The motion, brought ex-parte, prayed the court to order Kanu’s transfer from Department of State Services (DSS) custody to the National Hospital, Abuja, for immediate medical attention.
Delivering a short ruling, Justice Liman noted that the court’s annual vacation was ending the same day and, in line with Section 46(8) of the FHC Rules, the matter could no longer be entertained. He therefore directed the case file to be reassigned.
Counsel to Kanu, Uchenna Njoku, SAN, had applied for the referral, citing the judge’s earlier remarks on time constraints. The DSS’s lawyer, Chief Adegboyega Awomolo, SAN, did not oppose the request.
The judge observed that although the application was urgent, it was filed late and the vacation court had over 30 cases listed, pruned to just six for the day.
“Your lordship cannot perform any magic,” Awomolo remarked, stressing the court’s discretion in case management.
Kanu’s legal team explained that the motion, filed on September 1, was in response to a counter affidavit from the DSS which was only served shortly before the sitting.
Earlier, Justice Liman had granted Kanu’s ex-parte request for the matter to be heard during vacation, ordering the DSS to be served with the processes.
In the substantive motion, Kanu’s lead counsel, Chief Kanu Agabi, SAN, argued that his client’s health had deteriorated in detention, with medical reports citing pancreatic and liver concerns, a lump under his armpit, and dangerously low potassium levels. Doctors reportedly recommended his immediate transfer to the National Hospital, but a letter to the DSS Director-General allegedly went unanswered.
Kanu, who is standing trial before Justice James Omotosho on terrorism-related charges, had also applied for bail on May 19, but the application was not heard before the court went on vacation.
Justice Liman has now ordered the registry to return the case file for reassignment to a regular court as sittings resume.
