By Correspondent in Abuja.
Justice Musa Liman of the Federal High Court (FHC), Abuja, on Monday, returned to the Chief Judge,a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking transfer to the National Hospital, Abuja, for medical treatment.
Our correspondent reports that Kanu, through a motion ex-parte, applied for an order directing the Department of State Services (DSS) to move him to the hospital for urgent care.
In a brief ruling, Justice Liman referred the case file back to the Chief Judge following an application by Kanu’s counsel, Uchenna Njoku, SAN.
He explained that the annual vacation of the court, which ended on Monday, made it impracticable for the vacation court to conclude the matter.
The Counsel to the DSS, Chief Adegboyega Awomolo, SAN, did not oppose the application.
Justice Liman noted that more than 30 cases were listed for the day, but only six could be heard, leaving insufficient time to consider Kanu’s motion.
He cited Section 46(8) of the FHC Rules, which provides that cases not concluded during the vacation should be returned to the Chief Judge for reassignment.
The judge observed that while the motion raised urgent health concerns, it was filed late.
In his response, Awomolo said case management remained at the discretion of the court.
“Your Lordship cannot perform any magic,” he said.
Njoku,who informed the court that the application was filed on September 1 and that he had just been served with the DSS’s counter-affidavit, requested an adjournment after conferring with opposing counsel.
Awomolo described the timing as regrettable, but maintained that the DSS was ready to respond whenever the matter is scheduled.
Justice Liman consequently directed that the case file be transmitted to the registry for reassignment by the Chief Judge.
Earlier, the court had granted Kanu’s ex-parte motion allowing the matter to be listed before the vacation judge on grounds of urgency, and directed that the DSS be served with all processes.
In the substantive motion filed by Chief Kanu Agabi, SAN, Kanu sought leave for the application to be heard during vacation, citing declining health conditions, including complications with his pancreas and liver, a lump under his armpit, and low potassium levels.
Agabi stated that medical Data practitioners had recommended his transfer to the National Hospital, but that their advisory letter to the DSS Director-General had not been acted upon.
Edited by Dada Ahmed.
