The legal bid by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to be moved to Abuja National Hospital for urgent medical attention has been referred back to the Chief Judge (CJ) of the Federal High Court for reassignment.
Justice Musa Liman on Monday ordered that the case file be returned to the CJ after ruling that the matter, brought as a motion ex-parte, could no longer be decided within the court’s annual vacation period, which ends today.
Kanu’s counsel, Uchenna Njoku (SAN), had urged the court to prioritise the application citing the deteriorating health of his client. However, the judge explained that with more than 30 cases listed and only six heard, there was no room to take up Kanu’s motion before vacation ended.
“Though urgent, the application was filed late. In line with Section 46(8) of the FHC Rules, any case not concluded during vacation must be reassigned by the Chief Judge,” Justice Liman said.
DSS Response and Lawyers’ Submissions
Counsel for the Department of State Services (DSS), Chief Adegboyega Awomolo (SAN), did not oppose Njoku’s application for reassignment.
“Your lordship cannot perform any magic,” he remarked, acknowledging the backlog of cases.
Njoku told the court their application was filed on September 1, the same day it was dated, but he had only just been served the DSS counter affidavit. After conferring with Awomolo, he sought an adjournment pending reassignment.
Kanu’s Health Concerns
Kanu’s legal team insists his health has declined significantly while in DSS custody. In filings submitted by Chief Kanu Agabi (SAN), doctors reportedly identified issues with his pancreas, liver, a lump under his armpit, and dangerously low potassium levels.
The doctors recommended immediate transfer to the National Hospital as an interim measure. According to the defence, a formal letter from the doctors to the DSS Director-General advising the transfer has not been acted upon.
Kanu, who is standing trial before Justice James Omotosho on terrorism-related charges, had earlier applied for bail, but the hearing was stalled due to the court’s vacation. His lawyers argue that the medical situation has made the request for hospital transfer urgent.
The case, with charge number FHC/ABJ/CR/383/2015, will now be reassigned by the Chief Judge for further hearing when the Federal High Court’s regular session resumes.
