Justice Musa Liman of the Federal High Court, Abuja, has referred back the case filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to the Chief Judge for reassignment.
The matter, which came up on Monday, centered on Kanu’s request to be transferred to the National Hospital, Abuja, for urgent medical treatment. His counsel, Uchenna Njoku, SAN, had applied for the case to be sent back for reassignment, citing the end of the court’s annual vacation.
Justice Liman, in a brief ruling, granted the application, noting that the vacation court could no longer accommodate the motion. He explained that not less than 30 cases were listed for the day, pruned down to six, and any case not concluded during the vacation must be reassigned in line with Section 46(8) of the Federal High Court Rules.
“Though Kanu’s motion is urgent on health grounds, it was filed late,” the judge said.
Counsel to the Department of State Services (DSS), Chief Adegboyega Awomolo, SAN, did not oppose the application. He however remarked that the delay was unfortunate, saying, “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.”
Kanu’s counsel explained that the application, filed on September 1, was urgent due to his deteriorating health. Njoku said medical examinations revealed complications affecting his pancreas, liver, and a developing lump under his armpit, alongside critically low potassium levels.
In his affidavit, Kanu’s lead counsel, Chief Kanu Agabi, SAN, argued that doctors had advised his transfer to the National Hospital for immediate treatment. He added that a letter to the DSS Director-General, urging compliance with the medical recommendation, had gone unanswered.
Kanu is currently standing trial before Justice James Omotosho on terrorism-related charges in case number FHC/ABJ/CR/383/2015. His earlier bail application, filed in May, was not heard before the court embarked on its annual vacation, resulting in his continued detention.
With Monday’s order, the case file will now be reassigned by the Chief Judge for further proceedings.