From Victor Osula, Abuja
Justice Musa Liman of the Federal High Court, Abuja, has referred a case file of a motion filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, back to the Chief Judge, for reassignment.
Kanu is facing a seven-count amended charge of treason and terrorism preferred against him by the Federal Government. He has been in the detention facility of the Department of State Services (DSS) since June 27, 2021, when he was extradited to Nigeria after he was re-arrested in Kenya on June 19, 2021.
In his motion ex-parte application, the proscribed IPOB leader is seeking an order directing his transfer to the National Hospital, Abuja, for urgent medical attention on the grounds that the court’s annual vacation would end on September 15.
His counsel, Kanu Agabi (SAN), sought leave for the application dated September 3, 2025, to be heard before the vacation judge. He also prayed the court to consider it urgently due to the deteriorating health of Kanu.
Agabi stated that Kanu is currently standing trial before Justice James Omotosho in the same charge and had earlier, on May 19, applied for bail pending the hearing and determination of the terrorism case against him. He noted that the bail application could not be heard before the commencement of the court’s vacation, leading to Kanu’s continued detention.
According to Agabi, Kanu’s health has since taken a troubling turn, prompting medical examinations. He also alleged that a letter from the doctors to the DSS Director-General, advising Kanu’s transfer, was ignored.
Justice Liman had previously acknowledged that the right to health is as fundamental as the right to life and granted the request to have the motion heard during the Court’s vacation. The court had ordered service of the processes and hearing notice on the Department of State Services to enable them respond.
While the Federal Government’s lawyer, Adegboyega Awomolo (SAN), did not oppose Kanu’s application, in a short ruling on Monday, Justice Liman ordered the transfer of the case file to the Chief Judge.
Justice Liman said there was insufficient time left for the vacation court to determine the matter. He explained that the registrar had listed no fewer than 30 cases for the day’s proceedings, which were pruned to six.
While noting that Kanu’s motion was urgent, Justice Lima ordered that the case file be returned to the registry for reassignment by the Chief Judge.
