A Federal High Court sitting in Abuja, on Monday, September 15, 2025, declined hearing of a motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an order to transfer him from the custody of the Department of the State Services (DSS), to National Hospital, Abuja for urgent medical attention.
The trial judge, Justice Musa Liman, while declining hearing on the ground that his fiat to sit as a vacation judge ends today, said he therefore lacked jurisdiction to open such a new matter for hearing.
Justice Liman instead ordered that the case file should be returned to the registry for the Chief Judge to reassign it to another judge.
During Monday’s proceedings, Adegboyega Awomolo, SAN, appeared for the Federal Government while Uchenna Njoku, SAN, appeared Nnamdi Kanu.
When the matter was called, Kanu’s lawyer told the court that the motion by Kanu was filed on September 1, while a counter affidavit of 37 paragraphs opposing the transfer request was served on him by the federal government in the open court.
Njoku further said that he had not read the counter affidavit to enable him to respond and therefore applied for an adjournment to enable him respond to the counter affidavit in view of the fact that the vacation of the judge had come to an end.
Counsel to the government, Awomolo SAN did not oppose the adjournment request, but said that he would be ready to be in court anytime, anyway a new date is fixed.
In his ruling, Justice Liman ordered that the case file be returned to the Registry for the Chief Judge to reassign the matter to another Judge, adding that he would make recommendation to the Chief Judge for the speedy hearing of the motion since the health of the applicant is involved.
Kanu, had in the motion with charge number: FHC/ABJ/CR/383/2015, sought an order of the court for the DSS to move him from its custody to the National Hospital for urgent medical care.
Giving an 11-ground argument why their request should be granted, lead counsel the applicant, Kanu Agabi, SAN, said his client is presently standing trial before Justice James Omotosho in charge marked: FHC/ABJ/CR/383/2015, adding that on May 19, he filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge.
Agabi, SAN, further said that the application could not be taken before the annual vacation of the court, hence his continued detention.
He said that while awaiting the resumption of the court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors for the purpose of carrying out a thorough and extensive examination on the Nnamdi Kanu.
According to Agabi, SAN, “The examination revealed issues to 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 same heard by a vacation judge,” he said.
Agabi alleged that a letter by the doctors to the Director-General of the DSS, advising the transfer of Kanu had gone without answer, adding that the urgency of the matter had, therefore, necessitated the filing of the application as a measure to arrest further decline of his health while spirited efforts are being expended to ensure his treatment.
He further said that the grant of the application would not occasion any injustice on the complainant (DSS), stressing that the Court is imbued with jurisdiction to hear and grant the prayers sought in the application.
Emmanuel Kanu, younger brother to Nnamdi Kanu, in the affidavit he deposed to, averred that the IPOB leader recently complained of weakness and pains in his body.
In his words; “This prompted the invitation of doctors led by the Eminent Emeritus Professor Austin A.C. Agaji, who on 1st September, 2025 at about 2:30pm, told him that several tests were conducted on Kanu in August”.
“The doctor told me at Agabi’s law firm that it was discovered that Nnamdi Kanu was suffering from issues relating to his liver and kidney as well as dangerously low level of potassium.
“He was further diagnosed of a swelling around his armpit area which requires urgent attention to ascertain the cause and thereafter to seek appropriate medical treatment,” he stated.
