Court refers Nnamdi Kanu’s medical request to CJ for reassignment

 

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 sent back to the Chief Judge for reassignment

The ruling, delivered on Monday, followed a motion ex-parte filed by Kanu seeking a court order to transfer him to the Abuja National Hospital for urgent medical care.

Justice Liman noted that the court’s annual vacation was ending the same day and granted the request by Kanu’s counsel, Uchenna Njoku, SAN, to return the file for reassignment. The Department of State Services (DSS) lawyer, Chief Adegboyega Awomolo, SAN, did not oppose the application.

Earlier, the judge explained that there was not enough time for the vacation court to hear Kanu’s motion due to a heavy caseload, with 30 cases listed for the day but pruned down to six. He cited Section 46(8) of the FHC Rules, which mandates that any matter not concluded during the vacation period must be referred back to the Chief Judge.

While acknowledging the urgency of Kanu’s application, Justice Liman observed that it was filed late. Awomolo stressed that the court had discretion over which cases could be heard, saying, “Your lordship cannot perform any magic.” Njoku confirmed the motion was filed on September 1 and, after consulting with Awomolo, requested an adjournment to avoid fixing a date for the DSS.

Justice Liman then directed that the case file be sent to the registry for reassignment. He had earlier permitted the motion to be heard during the vacation in view of its urgency and ordered Kanu’s lawyers to serve all relevant documents on the DSS.

The motion, filed under charge number FHC/ABJ/CR/383/2015 by Chief Kanu Agabi, SAN, stated that Kanu, who is standing trial before Justice James Omotosho, had earlier applied for bail on May 19 pending the determination of the terrorism charge against him. That application was not heard before the vacation began, resulting in his continued detention.

Agabi said Kanu’s health had deteriorated while in custody, with medical tests revealing problems with his pancreas and liver, a lump developing under his armpit, and critically low potassium levels. He explained that doctors recommended Kanu’s transfer to the National Hospital to prevent further health complications. Agabi also claimed that a letter sent by the doctors to the DSS Director-General requesting the transfer was ignored.