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The trial judge, Justice Musa Liman of the Federal High Court, Abuja, handling the motion filed by the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, on Monday, referred the case file back to the Chief Judge for reassignment.
Justice Liman, in a short ruling, ordered the transfer of the case file to the Chief Judge following an application by Kanu’s counsel, Uchenna Njoku (SAN), on the grounds that the court’s annual vacation would end on September 15.
Kanu, in his motion ex parte, is seeking an order directing his transfer to the National Hospital, Abuja, for urgent medical attention.
The Federal Government’s lawyer, Chief Adegboyega Awomolo (SAN), did not oppose Kanu’s application.
At the previous sitting, Justice Liman had fixed Monday to hear the motion filed by Kanu’s counsel during the vacation period.
In the motion, with charge number FHC/ABJ/CR/383/2015, Kanu’s counsel, Chief Kanu Agabi, SAN, sought leave for the application dated September 3, 2025, to be heard before the vacation judge.
He also prayed that the court consider it urgently due to the deteriorating health of Kanu.
Agabi, in the motion, stated that Kanu is currently standing trial before Justice James Omotosho in the same charge and had earlier, on May 19, applied for bail pending the hearing and determination of the terrorism case against him.
He noted that the bail application could not be heard before the commencement of the court’s vacation, leading to Kanu’s continued detention.
According to Agabi, Kanu’s health has since taken a troubling turn, prompting medical examinations.
“The examination revealed issues affecting his pancreas and liver, as well as an emerging lump under his armpit and dangerously low potassium levels. The doctors have recommended that he be moved to the National Hospital as an interim measure to forestall further decline,” he said.
He also alleged that a letter from the doctors to the DSS Director-General, advising Kanu’s transfer, was ignored.
Justice Liman had previously acknowledged that the right to health is as fundamental as the right to life and granted the request to have the motion heard during the Court’s vacation.
Justice Liman also ordered service of the processes and hearing notice on the Department of State Services to enable them to respond.
At the resumed hearing on Monday, Justice Liman said there was insufficient time left for the vacation court to determine the matter. He explained that the registrar had listed no fewer than 30 cases for the day’s proceedings, which were pruned to six.
“In line with Section 46(8) of the Federal High Court Rules, any case that cannot be concluded within the vacation period must be referred back to the Chief Judge for reassignment,” he held.
While noting that Kanu’s motion was urgent, the judge remarked that it had been filed late.
Responding, Awomolo said: “In case management, the court has the overriding power to decide which matter to take and which not to take. My lord cannot perform any magic.”
Kanu’s counsel, Njoku, however, argued that their application, filed on September 1, was served on the DSS the same day.
He added: “I was served only a few minutes ago with the counter affidavit of the DSS. My lord, I have not read it. Having conferred with the complainant’s lead counsel, and considering your lordship’s sensible observations, we ask for an adjournment.”
Awomolo countered that the motion was belated. “Had it been filed earlier, it would have been heard during the vacation. But we are ready to take the motion any time, any day,” he said.
