Justice Musa Liman of the Federal High Court 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 his transfer to the National Hospital, Abuja, for urgent medical attention.
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The News Agency of Nigeria (NAN) reports that the motion ex parte, filed on September 1 by Chief Kanu Agabi, SAN, asked the court to order Kanu’s transfer from the custody of the Department of State Services (DSS) due to what his lawyers described as a worrisome decline in his health.
At Monday’s proceedings, Justice Liman ruled that the case be returned to the Chief Judge for reassignment, as the annual vacation of the court had ended. The decision followed an application by Kanu’s counsel, Uchenna Njoku, SAN, which was not opposed by the DSS’s lawyer, Chief Adegboyega Awomolo, SAN.
The judge explained that over 30 cases were listed for hearing that day, but only six could be accommodated due to time constraints. Citing Section 46(8) of the Federal High Court Rules, he noted that any case not concluded during the vacation must be referred to the Chief Judge for reassignment.
“Though the motion is urgent on health grounds, it was filed rather late,” Justice Liman observed.
Awomolo agreed with the court, noting that case management remains at the discretion of the judge. “Your lordship cannot perform any magic,” he said.
Njoku, however, explained that their application was filed the same day it was dated, September 1. He added that he had only just been served with the DSS’s counter affidavit and had not had time to study it. He then sought leave to confer with Awomolo, after which both counsel agreed that an adjournment was necessary given the end of the vacation period.
Awomolo described the situation as unfortunate. “Had it been that they filed the application earlier, it would have been taken during vacation. But we are ready to take the motion any time, any day,” he said.
Justice Liman consequently ordered that the case file be returned to the registry for reassignment by the Chief Judge.
Earlier, the court had granted Kanu’s request for his motion to be heard during vacation in view of its urgency, directing his lawyers to serve the processes on the DSS.
In his 11-ground application, Agabi had argued that Kanu’s health had deteriorated while in DSS custody, citing issues with his pancreas and liver, a lump beneath his armpit, and dangerously low potassium levels. Doctors, he said, had recommended an immediate transfer to the National Hospital as an interim measure.
He further alleged that a letter from doctors to the DSS Director-General recommending the transfer had gone unanswered.
Kanu is currently standing trial before Justice James Omotosho on terrorism-related charges in suit number FHC/ABJ/CR/383/2015. He had earlier filed a separate application for bail on May 19, which could not be heard before the commencement of the court’s annual vacation, resulting in his continued detention.
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