Justice Musa Liman of the Federal High Court, Abuja, on Monday referred back to the Chief Judge (CJ) a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), for reassignment.

 

 

 

The motion ex-parte seeks an order for Kanu’s transfer to the National Hospital, Abuja, for urgent medical attention.

 

 

 

 

During proceedings, Kanu’s counsel, Uchenna Njoku, SAN, urged the court to send the case file to the CJ in view of the imminent end of the court’s annual vacation. Justice Liman agreed, ruling that the matter should be reassigned.

 

 

 

Counsel for the Department of State Services (DSS), Chief Adegboyega Awomolo, SAN, did not oppose the request.

 

 

 

 

Justice Liman explained that the court had a heavy schedule, with more than 30 cases listed for hearing, but only six could be taken. He added that under Section 46(8) of the FHC Rules, any matter not completed during vacation must be returned to the CJ.

 

 

 

“Though Kanu’s motion was urgent on health grounds, it was filed rather late,” the judge noted.

 

 

 

Awomolo agreed: “Your lordship cannot perform any magic. Had they filed earlier, the motion would have been taken during vacation. But we are ready to take the motion any time, any day.”

 

 

 

Njoku, however, argued that the application was filed on September 1, but he had only just been served the DSS’s counter affidavit. He then sought an adjournment after conferring with Awomolo.

 

 

 

 

Justice Liman consequently ordered the registry to refer the case back to the CJ.

 

 

 

 

Earlier, Kanu’s lead counsel, Chief Kanu Agabi, SAN, had filed the motion with charge number FHC/ABJ/CR/383/2015, seeking leave for the application to be heard during vacation due to the urgency of his client’s medical condition.

 

 

 

Agabi argued that Kanu’s health had deteriorated while in DSS custody, with medical examinations revealing issues with his pancreas, liver, a developing lump under his armpit, and dangerously low potassium levels. Doctors recommended an immediate transfer to the National Hospital, but a letter to the DSS Director-General on the matter went unanswered.

 

 

 

Kanu is also awaiting a ruling on his separate application for bail, filed on May 19, 2025, before Justice James Omotosho, which could not be taken before the vacation began.