The Federal High Court in Abuja has referred a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), back to the Chief Judge for reassignment.
The motion seeks a court order to transfer Kanu to the Abuja National Hospital for medical treatment.
Justice Musa Liman, who presided over the matter on Monday, declined to hear the motion and directed that the case be reassigned.
The decision followed an application by Uchenna Njoku, SAN, Kanu’s counsel, who acknowledged that the court could no longer sit on the case as its vacation was ending that day.
The ex-parte motion requested that the application be heard during the vacation due to the urgency of Kanu’s health condition.
However, Justice Liman noted that the court’s schedule was too full to accommodate the motion.
He stated that more than 30 cases were listed for the day, but only six could be heard. Citing Section 46(8) of the Federal High Court Rules, he explained that matters not concluded during the vacation must be returned to the Chief Judge for reassignment.
Although the judge acknowledged the urgency of the application, he said it was filed too late to be heard within the vacation period.
Responding, Adegboyega Awomolo, SAN, counsel for the Department of State Services (DSS),supported the court’s decision and stated that the court has discretion in managing its docket. “Your lordship cannot perform any magic,” he said .
Njoku confirmed the motion was filed on September 1 and said he had just received the DSS’s counter-affidavit, which he had not yet reviewed.
He requested time to consult with Awomolo, after which both agreed that an adjournment was appropriate.
Njoku added that, given the end of the vacation and the fact that another judge is handling the substantive case, it would be better for the matter to be reassigned.
Awomolo expressed regret over the late filing but affirmed the DSS’s readiness to respond whenever the motion is heard.
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Justice Liman then ordered the court registry to return the case file to the Chief Judge for reassignment.
Previously, the court had granted leave for the motion to be presented during the vacation due to the stated urgency of Kanu’s medical condition.
The judge also directed Kanu’s legal team to serve all necessary documents on the DSS to allow for a response.
The motion, filed under charge number FHC/ABJ/CR/383/2015 by Chief Kanu Agabi, SAN, sought leave for the application dated September 1, 2025, to be heard by a vacation judge. Agabi gave 11 reasons to support the request.
He stated that Kanu is on trial before Justice James Omotosho on terrorism-related charges and had applied for bail on May 19. That application could not be heard before the court’s vacation, leading to continued detention.
Agabi added that Kanu’s health had worsened in custody, prompting medical examinations.
According to the doctors, the results showed complications with his pancreas and liver, a lump under his arm, and very low potassium levels.
The doctors recommended that Kanu be transferred to the National Hospital to receive appropriate care and prevent further deterioration.
A letter with this recommendation was reportedly sent to the DSS Director-General but received no response.
