Ezekiel Awojide
Justice Musa Liman of the Federal High Court (FHC) in Abuja, on Monday, sent back to the chief judge (CJ), a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), for reassignment.
In the motion ex parte, Kanu is seeking an order of the court transferring him to the Abuja National Hospital for urgent medical attention.
In a short ruling, Justice Liman made the order to transfer the case file back to the CJ, following an application by Kanu’s counsel, Uchenna Njoku, SAN, considering that the annual vacation of the court would be ending today.
The Department of State Services (DSS)’s lawyer, Chief Adegboyega Awomolo, SAN, did not oppose Uchenna‘s application.
Earlier, upon resuming the hearing in the case, the judge hinted that there was no time left 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 that though Kanu’s motion was an urgent one in view of the health grounds, it was filed late.
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 on the same date.
“I was 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 are 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,” 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 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 for the security agency to respond appropriately.
Kanu, in the ex parte motion with charge number: FHC/ABJ/CR/383/2015, had sought relief.
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 Kanu is presently standing trial before Justice James Omotosho in charge marked: FHC/ABJ/CR/383/2015.
He said 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 of the applicant.
“The examination revealed issues with 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 the 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 Kanu had gone without answer.
