Justice Musa Liman of the Federal High Court in Abuja, on Monday, sent back to the Chief Judge, CJ, a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), for reassignment.
Kanu, in the motion ex-parte, is seeking a court order to be transferred to the Abuja National Hospital for urgent medical treatment.
In a brief ruling, Justice Liman directed that the case file be sent back to the CJ following an application by Kanu’s lawyer, Uchenna Njoku, SAN, noting that the annual vacation of the court was ending the same day. Counsel to the Department of State Services (DSS), Adegboyega Awomolo, SAN, did not oppose the applicationAt the resumed hearing, the judge explained that there was no time left for the vacation court to hear Kanu’s motion. He noted that more than 30 cases had been scheduled for the day, but only six were selected to be heard due to time constraints.
He added that under Section 46(8) of the FHC Rules, any matter not concluded during the vacation period must be sent back to the CJ for reassignment. While acknowledging the urgency of Kanu’s request based on health grounds, he pointed out that the motion was filed late.Responding, Awomolo said the court had discretion on case management. “Your lordship cannot perform any magic,” he said.
Njoku, on his part, informed the court: “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 permission to confer with Awomolo before addressing the court further.
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 learner brother in whom the substantive case is pending, we will be asking for an adjournment,” Njoku said.
Awomolo expressed regret that the motion was only filed recently. “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 subsequently ordered that the file be returned to the registry for reassignment.Earlier, the judge had granted Kanu’s ex-parte request for the motion to be heard during the vacation period, citing urgency, and directed that the DSS be served with all processes.
In the ex-parte motion, filed by Chief Kanu Agabi, SAN, Kanu sought an order “granting leave for the applicant’s motion dated 1st September, 2025 to be heard before the vacation judge.”
Agabi argued on 11 grounds that his client’s worsening health condition required urgent intervention. He explained that doctors who examined Kanu reported issues with his pancreas, liver, a lump under his armpit, and dangerously low potassium levels.
“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 added that a letter from the doctors to the Director-General of the DSS recommending Kanu’s transfer had gone unanswered.