Justice Musa Liman of the Federal High Court, Abuja Division, on Monday, referred back to the Chief Judge a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking reassignment.
Kanu, in a motion ex parte, is asking the court for an order to transfer him to the Abuja National Hospital for urgent medical attention.
In a brief ruling, Justice Liman directed that the case file be returned to the Chief Judge for reassignment, following an application by Kanu’s counsel, Uchenna Njoku. The move was necessitated by the fact that the court’s annual vacation was ending the same day. Counsel to the State Security Service (SSS), Adegboyega Awomolo, did not oppose Njoku’s application.
Earlier, upon resumption of the hearing, the judge hinted that there was insufficient time for the vacation court to decide Kanu’s motion.
He explained that no fewer than 30 cases were listed for the day’s proceedings by the registrar. Since it would be impossible to hear all of them, the cases were reduced to six.
Justice Liman added that under Section 46(8) of the Federal High Court Rules, any matter that could not be concluded within the vacation period must be returned to the Chief Judge for reassignment.
He noted that while Kanu’s application was urgent due to health concerns, it was filed late.
Responding, Awomolo said in case management, the court retains the discretion on which cases to proceed with.
“Your lordship cannot perform any magic,” he said.
On his part, Njoku said their application, dated September 1, was filed the same day.
“I was served a few minutes ago with the counter affidavit of the complainant/respondent (SSS). My lord, I haven’t read it,” the lawyer said.
He then sought the court’s leave to confer with Awomolo.
“Having conferred with the lead counsel for the complainant/respondent and in light of the remarks my lord made this morning which are sensible and clearly persuasive to the bar, and given that the vacation ends today and in order not to impose a date on your learned brother in whom the substantive case is pending, we will be asking for an adjournment,” Njoku stated.
Awomolo described the late filing as unfortunate.
“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 the case file to be referred to the registry for reassignment. He had earlier fixed Monday for the hearing of Kanu’s application.
The judge had granted the ex parte motion seeking permission for the application to be heard during the vacation, given its urgency. He directed Kanu’s lawyer to serve all processes and hearing notices on the SSS so the agency could respond.
Kanu, in the ex parte motion with charge number FHC/ABJ/CR/383/2015, sought relief through his lead counsel, Kanu Agabi, SAN.
Agabi prayed the court to grant leave for Kanu’s motion dated September 1, 2025, to be heard before the vacation judge.
Presenting 11 grounds in support, Agabi said Kanu is currently standing trial before Justice James Omotosho in the terrorism charge marked FHC/ABJ/CR/383/2015.
He explained that on May 19, Kanu applied for bail pending the hearing and determination of the case, but the application was not heard before the court went on vacation, leading to his continued detention.
According to him, while awaiting the court’s resumption, Kanu’s health condition worsened, prompting doctors to conduct a thorough examination.
“The examination revealed issues with 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 it heard by a vacation judge,” Agabi said.
He also alleged that a letter from Kanu’s doctors to the Director-General of the SSS, recommending his transfer, had gone unanswered.
