The bid by detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to secure urgent medical care has been referred back to the Chief Judge of the Federal High Court for reassignment.
Justice Musa Liman, sitting as vacation judge in Abuja, on Monday directed the return of Kanu’s motion after ruling that the application could no longer be entertained under the vacation court schedule.
Kanu, through his counsel Uchenna Njoku, SAN, had filed a motion ex parte seeking an order to be transferred from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for immediate medical treatment.
The DSS counsel, Adegboyega Awomolo, SAN, did not oppose the application for reassignment, though he noted the motion had been filed too late for consideration during the vacation period.
Earlier in proceedings, Justice Liman explained that over 30 cases had been listed for the day but only six could be heard due to time constraints.
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He stressed that under Section 46(8) of the Federal High Court Rules, matters not concluded during the vacation must be returned to the Chief Judge for reassignment.
“The application was urgent in view of the health grounds, but it came rather late,” the judge observed.
Awomolo added: “Had it been that they filed the application earlier, it would have been taken during vacation. But we are ready to take the motion any time, any day.”
Consequently, Justice Liman ordered that the case file be transmitted back to the Chief Judge’s registry for fresh assignment.