Justice Musa Liman of the Federal High Court, Abuja, on Monday declined to entertain a motion by detained IPOB leader, Nnamdi Kanu, seeking his transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical treatment.
The judge explained that his authority to preside as a vacation judge had expired, leaving him without jurisdiction to open a fresh matter. He directed that the case file be returned to the registry for reassignment by the Chief Judge.
At the proceedings, Asiwaju Adegboyega Awomolo, SAN, represented the Federal Government, while Uchenna Njoku, SAN, appeared for Kanu. Kanu’s lawyer informed the court that although the motion was filed on September 1, a 37-paragraph counter-affidavit from the government was only served on him in court. He requested an adjournment to enable him to study and respond to the affidavit. Awomolo did not oppose the request.
In his brief ruling, Justice Liman ordered the file to be returned for reassignment and promised to recommend expedited hearing of the matter given Kanu’s health concerns.
In his application, Kanu sought an order directing the DSS to move him to the National Hospital, citing deteriorating health conditions, including problems with his pancreas, liver, and kidneys, dangerously low potassium levels, and a swelling under his armpit.
Kanu’s lead counsel, Chief Kanu Agabi, SAN, argued that doctors who examined him recommended his transfer for urgent medical care, but the DSS had not responded to their advice. Agabi stressed that the application would not prejudice the DSS and was necessary to prevent further deterioration of Kanu’s health.
An affidavit deposed to by Kanu’s younger brother, Emmanuel, confirmed that medical examinations conducted in August revealed serious health challenges requiring immediate intervention.
Kanu is standing trial before Justice James Omotosho on terrorism-related charges under suit number FHC/ABJ/CR/383/2015.
