Justice Musa Liman of the Federal High Court, Abuja, has referred a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), back to the Chief Judge for reassignment.
Kanu, in an ex parte motion, is seeking an order to be transferred from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical attention.
In a brief ruling, Justice Liman returned the case file to the Chief Judge following an application by Kanu’s counsel, Uchenna Njoku, SAN. The decision was influenced by the fact that the court’s annual vacation ends today, September 15.
Counsel to the DSS, Adegboyega Awomolo, SAN, did not oppose the application.
Earlier during the resumed hearing, Justice Liman noted that the vacation court lacked sufficient time to hear and determine Kanu’s motion. He revealed that over 30 cases were listed for the day, and only six could be accommodated.
Citing Section 46(8) of the Federal High Court Rules, Justice Liman explained that any matter not concluded during the vacation period must be returned to the Chief Judge for reassignment.
While acknowledging the urgency of the motion due to health concerns, the judge pointed out that it was filed late.
Responding, Awomolo stated that under case management procedures, the court retains discretion over which matters are heard during vacation. He described the timing of the application as unfortunate but added:
“Had they filed earlier, the motion could have been heard during the vacation. Nonetheless, we are ready to proceed with the motion any time, any day.”
Justice Liman subsequently directed that the case file be transmitted to the court registry for reassignment.
