Justice Musa Liman of the Federal High Court, Abuja Division, on Monday, sent back to the chief judge a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, for reassignment.
Mr Kanu, in the motion ex parte, is seeking an order from the court to transfer him to Abuja National Hospital for urgent medical attention.
Mr Liman, in a brief ruling, made the order transferring the case file back to the chief judge, following an application by Mr Kanu’s counsel, Uchenna Njoku, considering that the court’s annual vacation would end today. The State Security Service’s lawyer, Adegboyega Awomolo, did not oppose Mr Uchenna’s application.
Earlier, upon resuming the hearing in the case, the judge hinted that there was no time left for the vacation court to decide Mr Kanu’s motion.
He said that not less than 30 cases were listed for the day’s proceedings by the registrar, and since the court would be unable to take all of them, the cases were pruned down to six.
The judge stated that, in accordance with Section 46(8) of the FHC Rules, any case that could not be completed within the vacation period would have to be sent back to the CJ for reassignment.
He said that, though Mr Kanu’s motion was an urgent one due to health grounds, it was filed late.
Responding, Mr Awomolo said that in case management, the court had the overriding decision on which cases to proceed with and which not to proceed.
“Your lordship cannot perform any magic,” he said.
Mr Njoku said their application dated September 1 was filed on the same date.
“I was served a few minutes ago with the counter affidavit of the complainant/respondent (SSS). My lord, I haven’t read it,” the lawyer said.
He then sought the court’s leave to confer with Mr Awomolo.
“Having conferred with the lead counsel for the complainant/respondent and in light of the remarks my lord made this morning which are sensible and clearly persuasive to the bar and 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,” Mr Njoku said.
Mr Awomolo said it was unfortunate that the matter was coming up rather late.
“Had it been that they filed the application earlier, it would have been taken during vacation. But we are ready to take the motion any time, any day,” he said.
Mr Liman consequently ordered that the case file be referred to the registry for reassignment. Mr Liman had fixed today for the hearing of Mr Kanu’s application.
The judge had granted the motion ex parte, asking for permission from the court to hear the application during the vacation period due to its urgency. He then ordered Mr Kanu’s lawyer to serve all the processes and the hearing notice on the SSS so that the security agency could respond appropriately.
Mr Kanu, in the ex parte motion with charge number FHC/ABJ/CR/383/2015, had sought relief.
Mr Kanu, in the motion filed by Kanu Agabi, SAN, sought an order “granting leave for the applicant’s motion dated 1st September, 2025 to be heard before the vacation judge.”
Giving an 11-ground argument why their request should be granted, Mr Agabi said Mr Kanu is presently standing trial before Justice James Omotosho in charge marked FHC/ABJ/CR/383/2015.
He said Mr Kanu, on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge.
The lawyer, however, stated that the application could not be heard before the court’s annual vacation, hence his continued detention.
According to him, while awaiting the resumption of court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors to carry out a thorough and extensive examination of the applicant.
“The examination revealed issues with his health, including organs such as his pancreas and liver, as well as an emerging lump underneath his armpit and dangerously low levels of potassium.
“The doctors have recommended that he be moved to the national hospital as an interim measure to afford him medical attention and forestall further decline.
“The applicant’s health is seriously deteriorating, considering the nature of his confinement, thereby making more pressing the need to bring this application and have it heard by a vacation judge,” Mr Agabi said.
He alleged that a letter from the doctors to the director-general of the SSS, advising the transfer of Mr Kanu, had gone unanswered.
(NAN)