The Federal High Court in Abuja on Monday declined to entertain a motion filed by detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical care.
Justice Musa Liman, who sat as vacation judge, ruled that his mandate had expired, hence he lacked jurisdiction to hear the fresh motion. He directed that the case file be returned to the court registry for reassignment by the Chief Judge.
At the proceedings, Asiwaju Adegboyega Awomolo, SAN, appeared for the Federal Government, while Uchenna Njoku, SAN, represented Kanu. The defence counsel informed the court that the motion was filed on September 1, but a counter-affidavit of 37 paragraphs was only served on him in court on Monday. He therefore sought an adjournment to enable him to respond appropriately.
In his brief ruling, Justice Liman agreed that the motion could not proceed, and promised to recommend to the Chief Judge a speedy reassignment given the health concerns raised by Kanu’s lawyers.
Kanu, in the motion marked FHC/ABJ/CR/383/2015, urged the court to compel the DSS to transfer him to the National Hospital, citing deteriorating health. His lead counsel, Chief Kanu Agabi, SAN, told the court that medical examinations had revealed troubling conditions affecting his liver, pancreas, and kidneys, as well as dangerously low potassium levels and a lump under his armpit.
Agabi stressed that the DSS had ignored doctors’ recommendations for the IPOB leader’s transfer, adding that further delay could worsen his condition. He maintained that granting the request would not prejudice the prosecution.
Supporting the motion, Kanu’s younger brother, Emmanuel, deposed in an affidavit that medical experts led by Emeritus Professor Austin A.C. Agaji had confirmed his brother’s health challenges after conducting tests in August.
He said Kanu had complained of body pains and weakness, which led to the consultations, and was later advised to seek urgent medical intervention at the National Hospital.
