A motion filed by Biafra nation agitator, Nnamdi Kanu, seeking an order to transfer him from the custody of the Department of State Services (DSS) to the National Hospital in Abuja for urgent medical attention, has been declined by the Federal High Court in Abuja. Justice Musa Liman, presiding as a vacation judge, refused to hear the application on Monday, citing the expiration of his fiat to sit in that capacity, which consequently meant he lacked the jurisdiction to entertain a new matter.

Instead of hearing the motion, Justice Liman ordered that the case file be returned to the registry for the Chief Judge to reassign it to another judge. He further indicated that he would make a recommendation to the Chief Judge for the speedy hearing of the motion, acknowledging the critical health concerns of the applicant.

During Monday’s proceedings, the Federal Government was represented by Asiwaju Adegboyega Awomolo, SAN, while Uchenna Njoku, SAN, initially appeared for Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB). Kanu Agabi, SAN, later emerged as the lead counsel for Kanu. Kanu’s lawyer informed the court that the motion had been filed in early September, and a 37-paragraph counter-affidavit opposing the transfer request was served by the government in open court. Given that he had not had the opportunity to review the counter-affidavit, Kanu’s lawyer requested an adjournment to enable him to respond, a request that was not opposed by Awomolo, SAN.

The motion, specifically charge number FHC/ABJ/CR/383/2015, detailed 11 grounds for the requested medical transfer. Kanu’s legal team highlighted that he is currently standing trial before Justice James Omotosho on charges related to terrorism and treasonable felony. An earlier application for bail, filed on May 19, could not be heard before the court’s annual vacation, leading to Kanu’s continued detention.

According to his counsel, Kanu’s health significantly deteriorated during the court’s vacation, necessitating an urgent medical examination. This examination revealed several serious health issues, including concerns with his pancreas and liver, an emerging lump underneath his armpit, and dangerously low levels of potassium. Doctors, led by the Eminent Emeritus Professor Austin A.C. Agaji, recommended that Kanu be moved to the National Hospital as an interim measure to receive immediate medical attention and prevent further decline.

Emmanuel Kanu, Nnamdi Kanu’s younger brother, corroborated these concerns in his affidavit, stating that Kanu recently complained of weakness and body pains. He further averred that medical tests conducted in August, as communicated by Professor Agaji around September 1, confirmed issues related to his liver and kidney, dangerously low potassium levels, and a swelling around his armpit requiring urgent investigation and appropriate treatment. Kanu’s legal team alleged that a letter from the doctors advising the transfer had been sent to the Director-General of the DSS but remained unanswered, underscoring the urgency of the application to address his deteriorating health.

Kanu was arrested and renditioned from Kenya in June 2021, following allegations that he jumped bail in 2017 during a military raid on his residence in Abia State. His legal team argued that the court possessed the necessary jurisdiction to hear and grant the prayers sought in the application, and that granting the application would not cause any injustice to the complainant (DSS).