A request filed by Biafra nation agitator Nnamdi Kanu asking for an order moving him from the Department of State Services’ (DSS) custody to the National Hospital in Abuja for immediate medical attention was denied by Justice Musa Liman of the Federal High Court in Abuja.
The judge refused the hearing, stating that he lacked the authority to open such a new subject for hearing because his authorization to sit as a vacation judge ends today.
As an alternative, Justice Liman directed that the case file be sent back to the registry so that the Chief Judge could assign it to a different judge.During Monday’s hearings, Uchenna Njoku, SAN, represented the leader of the outlawed Indigenous People of Biafra (IPOB), while Asiwaju Adegboyega Awomolo, SAN, represented the Federal Government. When the case was called, Kanu’s attorney told the judge that the government presented him with a 37-paragraph counter-affidavit contesting the transfer request in public court, and that Kanu had submitted the application on September 1. In order to reply, the senior attorney claimed not to have read the counter-affidavit. Therefore, he requested an adjournment so that he could reply to the counter-affidavit and since the judge’s vacation was coming to an end.
Awomolo, SAN, stated that he would be prepared to appear in court at any time a new date is set and did not object to the motion for an adjournment.
Justice Liman issued a brief ruling, directing the case file to be sent back to the registry so that the Chief Judge could assign the case to a different judge.
Given that the applicant’s health is at stake, Justice Liman stated that he would suggest to the Chief Judge that the motion be heard quickly.
Kanu had requested a court order in the motion with charge number FHC/ABJ/CR/383/2015 for the Department of State Services (DSS) to transfer him from DSS custody to the National Hospital for immediate medical attention.Kanu Agabi, SAN, the applicant’s main attorney, provided an 11-point justification for their request’s approval, stating that his client is currently on trial before Justice James Omotosho, who is in charge of case number FHC/ABJ/CR/383/2015.
According to him, Kanu petitioned the court on May 19 to be released on bail while the terrorist accusation was being heard and decided. However, the attorney claimed that his ongoing detention was due to the fact that the aforementioned application could not be filed prior to the court’s yearly holiday. He claims that the applicant’s health took a concerning turn while they were waiting for the court’s operations to resume, which made it necessary to invite doctors to perform a comprehensive and in-depth examination on the applicant.
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