Justice Musa Liman of the Federal High Court, Abuja, on Monday, returned the motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), to the Chief Judge for reassignment.
The motion, filed ex-parte, sought an order transferring Kanu to the Abuja National Hospital for urgent medical attention. The court, however, said the application came too late to be determined during the vacation period which ended the same day.
Justice Liman, in a short ruling, said the file had to be sent back to the Chief Judge following an application by Kanu’s counsel, Uchenna Njoku, SAN, and the agreement of the Department of State Services (DSS)’s lawyer, Chief Adegboyega Awomolo, SAN.
Earlier in the proceedings, the judge explained that there was no time left for the vacation court to hear the motion, adding that more than 30 cases were listed for the day but pruned down to six. He said under Section 46(8) of the FHC Rules, any case not completed within the vacation must be referred back for reassignment.
He said though Kanu’s motion was urgent due to health concerns, “it was filed lately.”
Responding, Awomolo said: “Your lordship cannot perform any magic.”
Njoku said their application dated Sept. 1 was filed the same date.
“I have been served few minutes ago the counter affidavit of the complainant/respondent (DSS). My lord, I haven’t read it,” he said.
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 learner brother in whom the substantive case is pending, we will be asking for an adjournment,” Njoku said.
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 the case file to be referred back to the registry for reassignment.
Earlier reports noted that the judge had fixed Monday for hearing Kanu’s application after granting an ex-parte motion for the case to be entertained during vacation. Kanu’s lawyers said the request became urgent after doctors raised alarm over his deteriorating health.
They told the court that examinations revealed complications with his pancreas and liver, an emerging lump under his armpit, and dangerously low potassium levels. Doctors recommended his immediate transfer to the National Hospital to prevent further decline.
Chief Kanu Agabi, SAN, who filed the motion, had argued that “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.”
He added that a letter by doctors to the Director-General of the DSS advising Kanu’s transfer had gone unanswered.
