Nnamdi Kanu’s Health Motion Sent Back to Chief Judge for Reassignment

Nnamdi Kanu’s Health Motion Sent Back to Chief Judge for Reassignment

Justice Musa Liman of the Federal High Court (FHC) in Abuja, yesterday, referred a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to the Chief Judge for reassignment.

In the motion ex parte, Kanu sought an order transferring him to the Abuja National Hospital for urgent medical attention.

Justice Liman, in a brief ruling, sent the case file back to the Chief Judge following an application by Kanu’s lawyer, Uchenna Njoku (SAN), noting that the court’s annual vacation would end today.

The Department of State Services (DSS) lawyer, Chief Adegboyega Awomolo (SAN), did not oppose Njoku’s application.

During the resumed hearing, the judge explained that the vacation court had over 30 cases scheduled for the day but could only handle six. He cited Section 46(8) of the FHC Rules, which requires cases not concluded during vacation to be reassigned by the Chief Judge.

Although acknowledging the urgency of Kanu’s health concerns, the judge stressed that the motion was filed late.

Responding, Awomolo said, “Your lordship cannot perform any magic.”

Njoku argued that the application was filed on September 1 and that he had only just been served with a counter-affidavit from the DSS. Seeking more time, he said: “Having confer with the lead counsel for the complainant/respondent, and in the light of the remarks my lord made this morning which is sensible and clearly persuasive to the bar and given that the vacation ends today and in order not to impose a date on your learner brother in whom the substantive case is pending, we will be asking for an adjournment.”

Awomolo described the timing of the filing as unfortunate but maintained the DSS was ready to argue the motion anytime.

Consequently, Justice Liman directed that the case file be returned to the registry for reassignment.

Kanu’s legal team had earlier filed an ex parte motion supported by Chief Kanu Agabi (SAN), seeking leave to have the application heard during the vacation due to the urgency of his medical condition.

Read also: FG Closes Case Against Nnamdi Kanu as Court Sets Date for Final Arguments

Agabi argued that Kanu’s health had deteriorated in detention, with doctors reporting problems with his pancreas, liver, and a lump under his armpit, as well as dangerously low potassium levels.

“The doctors have recommended that he be moved to the National Hospital as an interim measure to afford him medical attention and forestall further decline. The applicant’s health is seriously deteriorating, considering the nature of his confinement, thereby making more pressing the need to bring this application and have the same heard by a vacation judge,” Agabi said.

He further alleged that a medical advisory letter sent by doctors to the Director-General of the DSS, recommending Kanu’s transfer, had gone unanswered.

The case will now await reassignment by the Chief Judge for further proceedings.