By Yemi Oyeyemi, Abuja
Justice Musa Liman of the Federal High Court in Abuja has declined to hear a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking an order to be transferred from the custody of the Department of State Services (DSS) to the National Hospital in Abuja for urgent medical care.
The judge ruled that he lacked jurisdiction to entertain the application, citing the expiration of his mandate to sit as a vacation judge. As such, he directed that the case file be returned to the court registry for reassignment by the Chief Judge.
Kanu’s legal team, led by former Attorney General of the Federation, Chief Kanu Agabi, SAN, had filed the motion under charge number FHC/ABJ/CR/383/2015, requesting that Kanu be moved out of DSS custody due to worsening health conditions.
According to Agabi, the IPOB leader is currently facing trial before Justice James Omotosho and had earlier, on May 19, applied for bail pending the determination of terrorism-related charges against him. However, the application was not heard before the court’s annual vacation began.
Agabi informed the court that Kanu’s health has since deteriorated significantly, prompting the involvement of medical experts for a comprehensive examination. He said the doctors discovered troubling issues involving Kanu’s pancreas, liver, kidneys, and a suspicious lump under his armpit, along with critically low potassium levels.
He added that medical professionals had recommended an immediate transfer to the National Hospital as an interim measure to prevent further health decline. A formal letter to the Director-General of the DSS requesting the transfer allegedly went unanswered.
During Monday’s proceedings, Uchenna Njoku, SAN, represented Kanu, while Asiwaju Adegboyega Awomolo, SAN, appeared on behalf of the Federal Government.
Njoku informed the court that the motion was filed on September 1, but that the DSS only served him a 37-paragraph counter affidavit in open court on the day of the hearing. He stated that he had not yet reviewed the document and requested an adjournment to enable a proper response.
Awomolo did not oppose the adjournment, affirming his readiness to appear whenever a new date is set.
Justice Liman, in a brief ruling, acknowledged the urgency of the matter, particularly given Kanu’s medical condition. However, he reiterated that his judicial authority as a vacation judge had ended, and as such, he could not open new proceedings.
He directed that the file be returned to the Chief Judge for reassignment and said he would make a recommendation for the expedited hearing of the motion.
In an affidavit deposed to by Emmanuel Kanu, the IPOB leader’s younger brother, it was stated that Nnamdi Kanu had been experiencing persistent body weakness and pain. This led to the invitation of a medical team led by Eminent Emeritus Professor Austin A.C. Agaji, who visited on September 1, 2025.
According to Emmanuel, the doctors conducted several tests in August, revealing complications with Kanu’s liver and kidneys, as well as dangerously low potassium levels. He also noted the presence of a swelling near his armpit, which required urgent diagnosis and treatment.
The affidavit emphasized that the medical findings necessitate immediate intervention to prevent further health deterioration.
Agabi, in support of the application, argued that the court has the jurisdiction to hear and grant the motion, particularly given the applicant’s right to life and health. He stated that granting the request would not result in any prejudice against the prosecution or the DSS.
The case now awaits reassignment by the Chief Judge, who is expected to consider the urgency of the motion due to Nnamdi Kanu’s reported medical condition.
