On Monday, Nnamdi Kanu, the leader of the outlawed Indigenous People of Biafra (IPOB), filed an application for reassignment, which Justice Musa Liman of the Federal High Court (FHC) in Abuja returned to the chief justice (CJ).
According to the News Agency of Nigeria (NAN), Kanu is requesting in the application ex-parte that the court order his transportation to Abuja National Hospital for immediate medical care.
In a brief ruling, Justice Liman granted Kanu’s attorney, Uchenna Njoku, SAN, an order to return the case file to the CJ. This decision was made in light of the court’s upcoming annual vacation.
Chief Adegboyega Awomolo, SAN, the attorney for the Department of State Services (DSS), did not object to Uchenna’s application.
The judge had indicated that the vacation court had run out of time to consider Kanu’s motion during the case’s resumed hearing.
According to him, the registrar listed at least thirty cases for the day’s hearings, and since the court couldn’t handle them all, the cases were reduced to six.
The judge stated that any case that could not be finished during the vacation period would have to be returned to the CJ for reassignment in accordance with Section 46(8) of the FHC Rules.
He claimed that even though Kanu’s motion was submitted recently, it was urgent given the health grounds.
In response, Awomolo stated that the court had the final say in case management about which cases should proceed and which should not.
He declared, “Your lordship is incapable of using any magic.”
“The complainant/respondent’s counter-affidavit (DSS) was served to me a short while ago. I haven’t read it, my lord,” the attorney remarked.
He then asked the court for permission to speak with Chief Awomolo.
“After speaking with the main attorney for the complainant/respondent and considering the comments my lord made this morning, which are logical and obviously convincing to the bar,
“We will be requesting an adjournment because the vacation ends today and we don’t want to force a date on your learner brother, in whom the substantive case is still pending,” Njoku stated.
According to Awomolo, it was regrettable that the issue was being raised at such a late hour.
“It would have been taken on vacation if they had submitted the application sooner.
However, he added, “We are prepared to take the motion at any time, on any day.”
As a result, Justice Liman directed the registry to refer the case file for reassignment.
According to a previous NAN report, Justice Liman scheduled Kanu’s application hearing for today.
Given the urgency of the application, the judge granted the motion ex-parte, requesting permission to hear it during the vacation time.
In order for the security agency to react suitably, he then directed Kanu’s attorney to serve the DSS with all the procedures and the hearing notice.
Kanu has requested relief in the ex-parte motion with charge number: FHC/ABJ/CR/383/2015.
Kanu requested an order “granting leave for the applicant’s motion dated 1st September, 2025 to be heard before the vacation judge” in the move submitted by Chief Kanu Agabi, SAN.
Agabi provided an 11-point justification for their motion, stating that Kanu is now on trial before the charge judge, Justice James Omotosho, with the case number FHC/ABJ/CR/383/2015.
According to him, Kanu petitioned the court on May 19 to be released on bail while the terrorist accusation was being heard and decided.
However, the attorney claimed that his ongoing detention was due to the fact that the aforementioned application could not be filed prior to the court’s yearly holiday.
He claims that the applicant’s health took a concerning turn while they were waiting for the court’s operations to resume, which made it necessary to invite doctors to perform a comprehensive and in-depth examination on the applicant.
An developing mass beneath his armpit, dangerously low potassium levels, and problems with his liver and pancreas were among the health issues found during the checkup.
In order to provide him with medical care and prevent further deterioration, the physicians have suggested that he be sent to the National Hospital as a stopgap.
According to Agabi, “given the circumstances of his confinement, the applicant’s health is seriously deteriorating, making it more urgent to bring this application and have it heard by a vacation judge.”
He claimed that the physicians’ letter to the DSS Director-General suggesting Kanu’s transfer had not received a response. (NAN)
