Justice Musa Liman of the Federal High Court, Abuja has sent a motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu back to the Chief Judge (CJ) of the court, Justice John Tsoho
for reassignment to another judge.
Kanu, in the motion ex-parte, is seeking an order of the court transferring him to the National Hospital, Abuja for urgent medical attention.
Justice Liman, in a short ruling on the motion on Monday, made the order transferring the case file back to the CJ, following an application by Kanu’s counsel, Uchenna Njoku, SAN, considering the fact that the annual vacation of the court would be ended on Monday.
The counsel to the Department of State Services (DSS), Chief Adegboyega Awomolo, SAN, did not oppose Uchenna ‘s application.
At the resumed hearing in the matter earlier, Justice Lima hinted that, there was no time anymore for the vacation court to decide Kanu’s motion.
He said 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, the cases were proned down to six.
The judge said, in line with Section 46(8) of the Federal High Court (FHC) Rules, any case that could not be completed within vacation period would have to be sent back to the CJ for reassignment.
He said though Kanu’s motion was an urgent one in view of the health ground, it was filed lately.
In his response, Chief Awomolo said, in case management, the court had the overriding decision on which case to go on and which is not to go on and added that, the judge cannot perform any magic.
Njoku said their application dated September 1, was filed same date, pointing out that,
“I have been served few minutes ago the counter affidavit of the complainant/respondent (DSS). My lord, I haven’t read it”.
He then sought the leave of court to confer with Chief Awomolo.
“Having confer with the lead counsel for the complainant/respondent, and in the light of the remarks my lord made this morning which is sensible and clearly persuasive to the bar.
“And given that the vacation ends today and in order not to impose a date in your learned brother in whom the substantive case is pending, we will be asking for an adjournment,” Njoku prayed the court.
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.
Justice Liman consequently ordered that the case file be referred by to the registry for reassignment.
It would be recalled that, Justice Liman who had fixed Monday for the hearing of Kanu’s application granted the motion ex-parte praying for the permission of the court to hear the application during the vacation period in view of its urgency.
He then ordered Kanu’s lawyer to serve all the processes and the hearing notice on the DSS in order for the security agency to respond appropriately.
Kanu, in the ex-parte motion numbered: FHC/ABJ/CR/383/2015, filed by Chief 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, Agabi said Kanu is presently standing trial before Justice James Omotosho in charge marked: FHC/ABJ/CR/383/2015.
He said 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, said that the said application could not be taken before the annual vacation of the court, hence his continued detention.
According to him, while awaiting the resumption of the court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors for the purpose of carrying out a thorough and extensive examination on the applicant.
“The examination revealed issues to 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 same heard by a vacation judge,” Agabi said and alleged that a letter by the doctors to the Director-General of the DSS, advising the transfer of Kanu had gone without answer.
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