The legal bid by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to secure urgent medical treatment at the National Hospital in Abuja has taken another procedural turn, as the Federal High Court in Abuja redirected his motion back to the Chief Judge for reassignment.
Kanu, through a motion ex parte, had sought an order of the court compelling the Department of State Services (DSS) to transfer him to the National Hospital for immediate medical attention. His legal team argued that his health condition required urgent intervention and could not be adequately managed in his current place of detention.
At Friday’s sitting, Justice Musa Liman, presiding over the vacation court, explained that the case could not be determined within the limited timeframe available. He noted that the annual vacation of the Federal High Court was scheduled to conclude on September 15, leaving insufficient room for the court to hear and rule on the application. Consequently, Justice Liman ruled that the case file should be sent back to the Chief Judge of the Federal High Court for reassignment to a regular court.
During the brief proceedings, Kanu’s counsel, Uchenna Njoku, SAN, applied for the case to be returned to the Chief Judge in light of the vacation’s expiration. Counsel to the DSS, Adegboyega Awomolo, SAN, did not oppose this request.
Justice Liman disclosed that the registrar had listed no fewer than 30 cases for hearing on the same day, but the court had to narrow them down to six due to time constraints. He further emphasized that under Section 46(8) of the Federal High Court Rules, any matter that cannot be fully handled during the vacation period must be sent back for reassignment by the Chief Judge.
Although he acknowledged the urgency of Kanu’s health-related application, Justice Liman pointed out that the motion was filed belatedly. According to him, the timing of the filing made it impossible for the vacation court to consider the matter.
Responding, Awomolo stressed the principle of case management, noting that “the court had the overriding decision on which case to go on and which is not to go on.” He lamented the lateness of the filing, stating: “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.”
At the end of the session, Justice Liman directed that the case file be forwarded to the court registry so that it can be reassigned by the Chief Judge for proper handling after the vacation.
This development adds another layer to the ongoing legal battles surrounding Nnamdi Kanu, who has consistently raised concerns about his health while in custody. The reassignment of the case is expected to determine whether his request for urgent medical attention at the National Hospital will be granted in the coming weeks.
