The Federal High Court in Abuja, on Monday, returned a motion filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to the Chief Judge for reassignment.
Naija News understands that Kanu, through his counsel, is seeking an order transferring him to the National Hospital in Abuja for urgent medical care. His lawyers argued that his health condition has deteriorated dangerously in detention.
Justice Musa Liman, in a short ruling, directed that the case file be referred back to the Chief Judge following an application by Kanu’s counsel, Uchenna Njoku (SAN). The judge explained that the annual vacation of the court ends today, and there was insufficient time to conclude the matter.
He noted that not less than 30 cases were listed before the court on Monday, but only six could be taken.
“In line with Section 46(8) of the FHC Rules, any case that could not be completed within the vacation period must be sent back to the CJ for reassignment,” Liman said.
Although he acknowledged the urgency of Kanu’s request on health grounds, the judge observed that the application was filed relatively late.
Counsel to the Department of State Services (DSS), Chief Adegboyega Awomolo (SAN), did not oppose the request for reassignment.
“Your lordship cannot perform any magic,” Awomolo told the court, adding that the matter could have been heard earlier if it had been filed in good time.
Njoku, on his part, confirmed that their application was filed on September 1 but that he only received the DSS counter affidavit moments before the sitting. He sought leave to confer with the opposing counsel.
He said, “Given that the vacation ends today and in order not to impose a date on your learned brother in whom the substantive case is pending, we will be asking for an adjournment.”
Awomolo responded that the DSS was ready to take the motion “any time, any day.”
Kanu’s lead counsel, Chief Kanu Agabi (SAN), in the motion, argued that the IPOB leader’s health had taken a worrisome turn during his continued detention.
According to him, doctors invited to examine Kanu discovered troubling conditions involving his pancreas, liver, and a developing lump under his armpit, alongside dangerously low potassium levels. They recommended immediate transfer to the National Hospital as an interim measure.
Agabi also told the court that a letter sent by the doctors to the DSS Director-General, advising the transfer, was ignored.
Kanu, who is standing trial before Justice James Omotosho on terrorism-related charges, had earlier applied for bail in May. Still, the matter was not heard before the court went on vacation. His counsel said the delay has worsened his confinement conditions, necessitating urgent intervention.
With the case file now sent back to the Chief Judge, the motion will be reassigned to another judge for consideration.
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