The Federal High Court in Abuja on Monday declined to hear a motion filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical attention.
Justice Musa Liman, sitting as a vacation judge, ruled that his authority to preside during the court’s annual break expired the same day, leaving him without jurisdiction to hear new applications. He therefore ordered that the case file be returned to the registry for reassignment by the Chief Judge.
At the proceedings, Senior Advocate of Nigeria (SAN), Asiwaju Adegboyega Awomolo, represented the Federal Government, while Uchenna Njoku, SAN, appeared for Kanu. Njoku informed the court that the defence had only just been served with a 37-paragraph counter-affidavit opposing the transfer request and asked for time to respond.
Awomolo did not object to the adjournment. In a brief ruling, Justice Liman directed that the matter be reassigned and added that he would recommend an accelerated hearing because of the health concerns raised.
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Kanu’s Lawyers Cite Worsening Health—Including Liver, Kidney and Pancreatic complications
Kanu’s legal team, led by former Attorney-General of the Federation Kanu Agabi, SAN, had filed the motion, citing deteriorating health conditions. The application, marked FHC/ABJ/CR/383/2015, sought an order for his transfer to the National Hospital, pending trial before Justice James Omotosho.
Agabi told the court that medical examinations conducted in August revealed serious health complications affecting Kanu’s pancreas, liver, and kidney, as well as a dangerously low potassium level and a lump under his armpit. He said doctors had advised that the IPOB leader be moved immediately for proper treatment.
In an affidavit, Kanu’s younger brother, Emmanuel, confirmed that doctors led by Professor Austin A.C. Agaji examined him on September 1 and raised concerns about his worsening condition. He alleged that a letter sent to the DSS Director-General, recommending urgent transfer, had not been acted upon.
Agabi argued that granting the application would not prejudice the government’s case and urged the court to prioritise the matter to prevent further decline in Kanu’s health.
The Chief Judge of the Federal High Court is now expected to assign the case to another judge for further hearing.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
