The Federal High Court in Abuja will today (Monday) hear an application by the detained leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, seeking an order for his transfer from the custody of the Department of State Services to the National Hospital, Abuja, for urgent medical care.
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The motion, filed by Chief Kanu Agabi (SAN) on September 3, followed what his lawyers described as a “worrisome decline” in his health while in detention.
Vacation judge, Justice Musa Liman, had earlier granted leave for the application to be heard during the court’s annual vacation period, citing its urgency.
“I believe that the right to health is as important as the right to life. And so I agree that this matter can be heard by the vacation court,” Justice Liman ruled, fixing September 15 for hearing and directing Kanu’s counsel, Uchenna Njoku (SAN), to serve processes on the DSS.
In his supporting affidavit, Kanu’s brother, Emmanuel Kanu, deposed that the IPOB leader had recently complained of persistent weakness and body pains.
He said doctors invited to examine him discovered worrying health complications.
According to him, a team of doctors led by Emeritus Prof. Austin A.C. Agaji conducted tests in August and, on September 1, informed the family that Kanu was suffering from kidney and liver-related issues, dangerously low potassium levels, and a swelling under his armpit requiring urgent medical investigation.
Agabi told the court that medical reports recommended Kanu’s immediate transfer to the National Hospital as an interim measure.
“The applicant’s health is seriously deteriorating considering the nature of his confinement, thereby making it more pressing to bring this application before a vacation judge,” Agabi argued.
“The examination revealed issues with his pancreas and liver, as well as an emerging lump underneath his armpit and dangerously low levels of potassium. The doctors have recommended that he be moved to the National Hospital to forestall further decline.”
Agabi further claimed that a letter by the doctors to the DSS Director-General advising Kanu’s transfer had gone unanswered.
Kanu is currently standing trial before Justice James Omotosho of the same court on terrorism-related charges.
His lawyers noted that a pending bail application filed on May 19 could not be heard before the commencement of the court’s vacation, leaving him in continued detention.
They argued that granting the transfer request would not prejudice the DSS.
“The grant of the application would not occasion any injustice to the DSS,” Agabi maintained. “The court is imbued with jurisdiction to hear and grant the prayers sought in the application.”
The application, marked FHC/ABJ/CR/383/2015, lists 11 grounds why the request should be granted, with Kanu’s legal team insisting that his right to health and life were at stake.
The court is expected to rule on the application after hearing arguments from both sides today.
Kanu has been in the DSS detension since 2021 after his recapture in Kenya and repatriation to Nigeria.
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