Court Rejects Nnamdi Kanu’s Request for Transfer to National Hospital
The Federal High Court in Abuja on Monday declined to hear a motion filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical attention.
The presiding judge, Justice Musa Liman, ruled that his authority as a vacation judge expired on Monday, leaving him without jurisdiction to entertain the fresh application. He therefore ordered that the case file be returned to the registry for reassignment by the Chief Judge.
During the proceedings, Kanu’s lawyer, Uchenna Njoku, SAN, informed the court that the motion was filed on September 1, but that the Federal Government, represented by Asiwaju Adegboyega Awomolo, SAN, served him with a 37-paragraph counter-affidavit in open court. Njoku requested an adjournment to enable him respond.
Awomolo did not oppose the application for adjournment, pledging readiness to appear whenever a new date is fixed.
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In his brief ruling, Justice Liman stressed the need for urgency given the medical concerns raised, adding that he would recommend to the Chief Judge that the matter be reassigned promptly.
Kanu’s legal team had argued that his health condition had deteriorated while in DSS custody. His lead counsel, Chief Kanu Agabi, SAN, cited medical examinations revealing issues with his pancreas, liver, dangerously low potassium levels, and a swelling beneath his armpit.
Agabi told the court that doctors had recommended immediate transfer to the National Hospital, but a letter to the DSS Director-General conveying this advice had gone unanswered. He argued that granting the application would not prejudice the prosecution.
Emmanuel Kanu, younger brother of the IPOB leader, deposed to an affidavit supporting the motion, affirming that doctors who examined Kanu in August confirmed health complications requiring urgent medical attention.
The IPOB leader is currently facing terrorism-related charges before Justice James Omotosho in case number FHC/ABJ/CR/383/2015. A pending application for bail filed in May has not been heard due to the court’s annual vacation.
With the expiration of Justice Liman’s vacation fiat, the Chief Judge of the Federal High Court is expected to reassign the motion for further hearing.
By PRNigeria
