Justice Musa Liman of the Federal High Court in Abuja has ordered that the case file of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), be returned to the Chief Judge for reassignment.
The ruling on Monday came on a motion ex-parte filed by Kanu, seeking an order to transfer him to Abuja National Hospital for urgent medical attention.
In a brief ruling, Justice Liman approved sending the case back to the Chief Judge following an application by Kanu’s counsel, Uchenna Njoku, SAN, noting that the court’s annual vacation would end that day. The Department of State Services (DSS) lawyer, Chief Adegboyega Awomolo, SAN, did not oppose the request.
Earlier, the judge indicated that there was insufficient time for the vacation court to hear Kanu’s motion due to a backlog of cases. He noted that 30 cases had been scheduled for the day, but the list was reduced to six, and under Section 46(8) of the FHC Rules, any case that could not be completed during the vacation must be reassigned.
Justice Liman acknowledged that while Kanu’s motion was urgent on health grounds, it was filed late. Awomolo emphasized that the court has discretion over which cases to hear during vacation, adding, “Your lordship cannot perform any magic.” Njoku confirmed the motion was filed on September 1 and sought leave to confer with Awomolo, after which they agreed to request an adjournment to avoid imposing a hearing date on the DSS.
Consequently, the judge ordered the file returned to the registry for reassignment. He had initially fixed Monday for the hearing of Kanu’s application and granted permission for the motion to be heard during the vacation due to its urgency. Kanu’s lawyers were instructed to serve all relevant documents on the DSS to allow the agency to respond.
The motion, filed under charge number FHC/ABJ/CR/383/2015, was filed by Chief Kanu Agabi, SAN, who argued that Kanu, currently standing trial before Justice James Omotosho, had earlier applied for bail on May 19 pending the hearing of a terrorism charge. That application could not be considered before the court’s vacation, leaving Kanu in continued detention.
Agabi explained that Kanu’s health had worsened while awaiting court resumption, prompting medical examinations which revealed issues with his pancreas and liver, a developing lump under his armpit, and dangerously low potassium levels. Doctors recommended his transfer to the National Hospital to prevent further deterioration. Agabi also alleged that a letter from the doctors to the DSS Director-General requesting the transfer had gone unanswered.
