Justice Musa Liman of the Federal High Court in Abuja on Monday returned a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to the Chief Judge for reassignment.
Nnamdi Kanu had filed an ex-parte motion requesting the court to order his transfer to the Abuja National Hospital for urgent medical treatment.
In a brief ruling, Justice Liman granted the application to return the case file to the Chief Judge, following a request by Kanu’s counsel, Uchenna Njoku, SAN. The decision was influenced by the fact that the court’s annual vacation ends today.
The Department of State Services (DSS) lawyer, Chief Adegboyega Awomolo, SAN, did not oppose Uchenna’s application.
Earlier, upon resumed hearing in the case, the judge hinted that there was no time anymore for the vacation court to decide Kanu’s motion.
He said not less than 30 cases were listed for the day’s proceedings by the registrar, and since the court would be unable to take all, the cases were pruned down to six.
The judge said 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 CJ for reassignment.
He said though Nnamdi Kanu’s motion was an urgent one in view of the health ground, it was filed lately.
Responding, Awomolo said in case management, the court had the overriding decision on which case to go on and which not to go on.
“Your lordship cannot perform any magic,” he said.
Njoku said their application dated Sept. 1 was filed the same date.
“I have been served a few minutes ago the counter affidavit of the complainant/respondent (DSS). My lord, I haven’t read it,” the lawyer said.
He then sought the leave of the court to confer with Chief Awomolo.
“Having conferred 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 learned brother in whom the substantive case is pending, we will be asking for an adjournment,” Njoku said.
Awomolo said it was unfortunate that the matter was coming up rather late.
“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,” he said.
Justice Liman consequently ordered that the case file be referred back to the registry for reassignment.
Justice Liman had fixed today for the hearing of Kanu’s application.
The judge had granted the motion ex-parte praying for the permission of the court to hear the application during the vacation period in view of its urgency.
He then ordered Kanu’s lawyer to serve all the processes and the hearing notice on the DSS in order for the security agency to respond appropriately.
Nnamdi Kanu, in the ex-parte motion with charge number FHC/ABJ/CR/383/2015, had sought a relief.
Nnamdi Kanu, in the motion filed by Chief Kanu Agabi, SAN, sought an order “granting leave for the applicant’s motion dated 1st September, 2025, to be heard before the vacation judge.”
Giving an 11-ground argument why their request should be granted, Agabi said Nnamdi Kanu is presently standing trial before Justice James Omotosho in charge marked FHC/ABJ/CR/383/2015.
He said Nnamdi Kanu, on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge.
The lawyer, however, said that the said application could not be taken before the annual vacation of the court, hence his continued detention.
According to him, while awaiting the resumption of the court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors for the purpose of carrying out a thorough and extensive examination on the applicant.
“The examination revealed issues to his health including organs such as his pancreas and liver as well as an emerging lump underneath his armpit and dangerously low levels of potassium.
“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 same heard by a vacation judge,” Agabi said.
He alleged that a letter by the doctors to the Director-General of the DSS, advising the transfer of Nnamdi Kanu, had gone without answer.
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