The Federal High Court in Abuja has referred the medical request of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to the Chief Judge for reassignment.
Justice Musa Liman, who sat as the vacation judge, gave the order on Monday after noting that there was insufficient time left within the vacation period to determine the motion filed by Kanu’s counsel.
Kanu, through his counsel, Chief Kanu Agabi (SAN), is seeking an order for his transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical treatment. His legal team argued that his health had deteriorated, citing examinations that revealed pancreatic and liver complications, a lump under his armpit, and dangerously low potassium levels.
Agabi told the court that medical doctors had recommended his client’s immediate transfer to the National Hospital as an interim measure, but a letter sent to the DSS Director-General was ignored.
At the resumed hearing, Kanu’s lead counsel, Uchenna Njoku (SAN), explained that their application was filed on September 1 and served on the DSS the same day. However, he said he only received the counter-affidavit of the DSS on Monday, minutes before proceedings began.
Responding, the Federal Government’s counsel, Chief Adegboyega Awomolo (SAN), 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. 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.”
Justice Liman explained that the vacation court had a long list of cases and that Section 46(8) of the Federal High Court Rules required any matter not concluded during vacation to be returned for reassignment.
“In line with the rules, any case that cannot be concluded within the vacation period must be referred back to the Chief Judge for reassignment,” he held.
He therefore directed that Kanu’s case file be returned to the registry for reassignment to a regular court.
