NIGERIA: Judge Refers Nnamdi Kanu’s Medical Request Case For Reassignment

By Onoja Baba, Nigeria 

The bid by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to secure medical treatment outside the custody of the Department of State Services (DSS) has suffered a setback.

The Federal High Court, Abuja, on Monday, referred his application back to the Chief Judge for reassignment.

Justice Musa Liman, who sat as vacation judge, ruled that there was insufficient time left within the court’s vacation period, which ends September 15, to hear the motion seeking Kanu’s transfer to the National Hospital, Abuja, for urgent medical attention.

Kanu’s counsel, Chief Uchenna Njoku (SAN), had argued that his client’s health had deteriorated, citing medical examinations revealing problems with his pancreas and liver, a lump under his armpit, and critically low potassium levels.

According to him, doctors had advised immediate transfer to the National Hospital, but a letter to the DSS Director-General to this effect was allegedly ignored.

The application, filed on September 3 and brought under charge number FHC/ABJ/CR/383/2015, had sought an urgent order during the vacation period.

Justice Liman had earlier acknowledged the fundamental nature of the right to health and agreed to hear the motion within the break.

At Monday’s proceedings, however, the judge noted that more than 30 cases had been listed for the day, of which only six were taken.

He stressed that in line with Section 46(8) of the Federal High Court Rules, matters not concluded within vacation must be referred back to the Chief Judge.

While Kanu’s legal team pressed for an adjournment to enable them respond to a counter-affidavit just served by the DSS, the Federal Government’s counsel, Chief Adegboyega Awomolo (SAN), maintained that the motion was belated.

“Had it been filed earlier, it would have been heard during the vacation. But we are ready to take the motion any time, any day,” he said.

Justice Liman consequently ordered that the case file be returned to the registry for reassignment, leaving the fate of Kanu’s medical request to be determined by another judge after the court resumes from vacation.