A Federal High Court sitting in Abuja on Monday declined to hear a motion filed by the leader of Indigenous People of Biafra, IPOB, Nnamdi Kanu, seeking an order transferring him from the custody of Department of the State Service, DSS, to the National Hospital in Abuja for urgent medical attention.
The presiding judge, Justice Musa Liman said his fiat to sit as a vacation judge ended today (Monday) and therefore lacked the jurisdiction to entertain such a new matter for hearing.
Instead, the judge ordered that the case file be returned to the registry to enable the Chief Judge to re-assign it to another judge.
At Monday’s proceedings, Asiwaju Adegboyega Awomolo, SAN, appeared for the federal government while Uchenna Njoku, SAN, represented leader of the proscribed Indigenous People of Biafra (IPOB).
When the matter was called, Kanu’s lawyer informed the judge that his client’s motion was filed on September 1, while a 37- paragraph counter-affidavit opposing the transfer request was served on him by government in the open court.
The senior lawyer said that he had not read the counter affidavit to enable him to respond.
He, therefore, applied for an adjournment to enable him to respond to the counter affidavit, particularly in view of the fact that the vacation of the judge ends on Monday.
On his part, Awomolo, SAN, did not oppose the request for adjournment, saying he would be ready to be in court anytime, any day a new date is fixed.
In a brief ruling, Justice Liman ordered that the case file be returned to the Registry for the Chief Judge to reassign the matter to another judge.
The judge noted that he would recommend to the Chief Judge for the speedy hearing of the motion since the applicant’s health is involved.
Kanu, in the motion with charge number: FHC/ABJ/CR/383/2015, sought an order of the court for the DSS to move him from their custody to the National Hospital.
Giving an 11-ground argument why Kanu’s request should be granted, his lead counsel, Kanu Agabi, SAN, said his client is presently standing trial before Justice James Omotosho in charge marked: FHC/ABJ/CR/383/2015.
He said his client, on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge against him.
The lawyer, however, said the application could not be taken before the annual vacation of the court, hence his continued detention.
According to Agabi, while awaiting the resumption of the court activities, the applicant’s health worsened, necessitating the invitation of doctors for the purpose of carrying out a thorough and extensive examination on his client.
“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.
He alleged that a letter by the doctors to the Director-General of the DSS, advising the transfer of Kanu had gone without answer.
He said the urgency of the matter had, therefore, necessitated the filing of the application as a measure to arrest further decline of Kanu’s health while spirited efforts were being made to treat him.
The senior lawyer added that granting the application would not occasion any injustice on the complainant (DSS).
Besides, Agabi said the court “is imbued with jurisdiction to hear and grant the prayers sought in the application.”
Emmanuel Kanu, the younger brother to Nnamdi Kanu, in the affidavit he deposed to, averred that the IPOB leader recently complained of weakness and pain in his body.
He said this “prompted the invitation of doctors led by the Eminent Emeritus Professor Austin A.C. Agaji, who on 1st September 2025 at about 2:30pm,” told him that several tests were conducted on his brother in August.
Emmanuel said the doctor told him, at Agabi’s law firm, that it was discovered that the IPOB leader was suffering from issues relating to his liver and kidney as well as dangerously low levels of potassium.
“He was further diagnosed with a swelling around his armpit area which requires urgent attention to ascertain the cause and thereafter to seek appropriate medical treatment,” Kanu’s brother stated.
