Justice Musa Liman of the Federal High Court, Abuja, on Monday, referred a motion filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to the Chief Judge for reassignment.
Kanu is asking the court to order his transfer to the National Hospital, Abuja, for urgent medical treatment.
His counsel, Uchenna Njoku, SAN, told the court that his health condition had deteriorated and required immediate specialist attention.
Delivering a short ruling, Justice Liman said the vacation court could not handle the motion as the annual vacation of the Federal High Court ended the same day. He noted that more than 30 cases were listed for hearing, but only six could be taken.
“In line with Section 46(8) of the FHC Rules, any case that could not be completed within the vacation period would have to be sent back to the Chief Judge for reassignment,” the judge said.
Although he acknowledged the urgency of the motion, he held that the application was filed late. Counsel to the Department of State Services (DSS), Chief Adegboyega Awomolo, SAN, did not oppose the reassignment but stressed that the matter should have been filed earlier.
“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,” Awomolo said.
Earlier, Njoku had informed the court that their application, dated September 1, had been filed the same day, but the DSS only served them a counter affidavit minutes before the hearing. He sought leave to confer with the prosecution before further proceedings.
Justice Liman, therefore, ordered that the file be referred back to the registry for reassignment.
The motion, originally filed by Chief Kanu Agabi, SAN, cited serious health concerns.
According to the defence, examinations revealed complications affecting Kanu’s pancreas and liver, a developing lump under his armpit, and dangerously low potassium levels. His doctors reportedly advised his immediate transfer to the National Hospital, but a letter to the DSS Director-General on the matter allegedly went unanswered.
Kanu is currently standing trial before Justice James Omotosho in case number FHC/ABJ/CR/383/2015 on terrorism-related charges. His bail application, filed on May 19, could not be heard before the court proceeded on its annual vacation, prompting his legal team to file the urgent motion during the recess.
The move follows earlier proceedings in which Justice Liman had granted leave for the medical transfer motion to be heard during vacation because of its urgency, while directing Kanu’s lawyers to serve all processes on the DSS.
Monday’s order now means the Chief Judge will assign the motion to another judge for a fresh hearing.
Kanu has remained in DSS custody since 2021, when he was re-arrested and brought back to Nigeria from Kenya. His lawyers have consistently raised concerns about his failing health while urging the court to grant bail or permit medical treatment outside detention.
