The Federal High Court in Abuja has returned a motion seeking the medical transfer of detained Indigenous People of Biafra (IPOB) leader Nnamdi Kanu to the Chief Judge for reassignment to another judge.
Justice Musa Liman made the decision on Monday following an application by Kanu’s counsel, Uchenna Njoku (SAN), who is seeking an order to transfer the IPOB leader to the National Hospital in Abuja for urgent medical attention.
The judge cited time constraints as the primary reason for the reassignment, noting that the court’s annual vacation period ended on Monday with insufficient time to properly conclude the matter.
“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,” Justice Liman explained.
Heavy Court Schedule Prevents Hearing
Justice Liman revealed that while 30 cases were listed for hearing on Monday, the court could only accommodate six matters due to time limitations. He acknowledged the urgency of Kanu’s health-related request but observed that the application was filed relatively late in the vacation period.
The Department of State Services (DSS) counsel, Chief Adegboyega Awomolo (SAN), did not oppose the reassignment request, telling the court that “Your lordship cannot perform any magic,” while suggesting the matter could have been heard earlier with timely filing.
Serious Health Concerns Detailed
Kanu’s lead counsel, Chief Kanu Agabi (SAN), presented alarming details about the IPOB leader’s deteriorating medical condition in the motion. According to medical examinations, doctors discovered concerning issues affecting Kanu’s pancreas and liver, along with a developing lump under his armpit and dangerously low potassium levels.
The medical professionals who examined Kanu recommended his immediate transfer to the National Hospital as an interim measure to address these health complications.
Agabi informed the court that doctors had sent a formal letter to the DSS Director-General advising the medical transfer, but the recommendation was reportedly ignored by the security agency.
Legal Procedural Delays
Njoku confirmed that while their application was filed on September 1, he only received the DSS counter affidavit moments before Monday’s court sitting. He requested leave to confer with opposing counsel and sought an adjournment to avoid imposing scheduling constraints on the judge handling the main case.
In response, Awomolo stated that the DSS was prepared to address the motion “any time, any day,” indicating the agency’s readiness to proceed with the hearing.
Ongoing Legal Challenges
Kanu is currently standing trial before Justice James Omotosho on terrorism-related charges. His legal team had previously filed a bail application in May, but the matter remained unheard before the court entered its vacation period.
According to his lawyers, the delays have exacerbated Kanu’s confinement conditions, making urgent medical intervention increasingly necessary.
With the case file now returned to the Chief Judge, the motion for medical transfer will be reassigned to another judge for consideration, though no timeline has been provided for when the matter might be heard.
