On Monday, Justice Musa Liman of the Federal High Court in Abuja transferred a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), back to the Chief Judge (CJ) for reassignment. Kanu’s ex-parte motion sought an order to transfer him to the National Hospital in Abuja for urgent medical attention.
Justice Liman’s ruling followed an application by Kanu’s counsel, Uchenna Njoku, SAN, noting that the court’s annual vacation was ending that day. The Department of State Services (DSS) counsel, Chief Adegboyega Awomolo, SAN, did not oppose the application.
During the hearing, Justice Liman noted that the vacation court lacked time to address Kanu’s motion, as only six of the 30 listed cases could be heard that day. Citing Section 46(8) of the Federal High Court Rules, he stated that unresolved cases during the vacation period must be returned to the CJ for reassignment. Although Kanu’s motion was urgent due to health concerns, it was filed late on September 1.
Awomolo acknowledged the court’s discretion in case management, stating, “Your lordship cannot perform any magic.” Njoku, after conferring with Awomolo, requested an adjournment to avoid conflicting with the substantive case before Justice James Omotosho.
Previously, Justice Liman had scheduled the hearing for Kanu’s motion during the vacation period due to its urgency and ordered Kanu’s lawyer to serve the DSS with the necessary documents. The motion, filed by Chief Kanu Agabi, SAN, sought permission for the court to hear Kanu’s September 1 application before a vacation judge.
Agabi argued that Kanu, currently detained and facing trial in charge FHC/ABJ/CR/383/2015, had filed a bail application on May 19 that could not be heard before the court’s vacation. He stated that Kanu’s health had deteriorated significantly, with medical examinations revealing issues with his pancreas, liver, an emerging lump under his armpit, and critically low potassium levels. Doctors recommended transferring Kanu to the National Hospital to prevent further health decline. Agabi added that a letter from the doctors to the DSS Director-General requesting Kanu’s transfer had gone unanswered.
Justice Liman ordered the case file be returned to the registry for reassignment. (NAN)
