Justice Musa Liman of the Federal High Court in Abuja has declined to hear a motion filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking urgent transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for medical treatment.
The judge, sitting as a vacation judge, stated during Monday’s proceedings that his judicial fiat to sit during the court’s annual vacation expired the same day, rendering him without jurisdiction to hear the motion.
Justice Liman consequently ordered the case file to be returned to the court registry for reassignment to another judge by the Chief Judge of the Federal High Court. He also indicated he would recommend expedited hearing of the matter, given the applicant’s health concerns.
Kanu, through his legal team led by Kanu Agabi, SAN, had filed the application (charge no. FHC/ABJ/CR/383/2015) seeking an order to move him to the National Hospital for urgent medical attention, citing serious health deterioration. The motion was supported by an 11-ground affidavit, which detailed worsening conditions related to Kanu’s pancreas, liver, kidneys, low potassium levels, and a suspicious lump under his armpit.
Agabi argued that Kanu’s health had declined significantly during his continued detention and that previous attempts by his doctors to secure transfer approval from the DSS had gone unanswered.
At Monday’s hearing, Uchenna Njoku, SAN, appeared for Kanu, while Asiwaju Adegboyega Awomolo, SAN, represented the Federal Government.
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Kanu’s counsel informed the court that while the motion was filed on September 1, the Federal Government only served them a 37-paragraph counter-affidavit in open court on Monday. Due to insufficient time to study and respond to the counter, Njoku requested an adjournment.
Awomolo did not oppose the adjournment and stated his readiness to proceed on any new date fixed by the reassigned court.
In a brief ruling, Justice Liman declined to hear the application, citing lack of jurisdiction due to the expiration of his vacation fiat, and ordered the matter to be reassigned for continued hearing.
An affidavit deposed by Emmanuel Kanu, the IPOB leader’s younger brother, supported the urgency of the motion. He stated that following medical examinations conducted in August by a team led by Emeritus Professor Austin A.C. Agaji, doctors found that Kanu had severe liver and kidney issues, along with low potassium levels and a swelling in his armpit, all requiring immediate attention.
According to the affidavit, the doctors recommended that Kanu be transferred to the National Hospital as an interim measure while arrangements for fuller medical care are made.
