Court declines hearing of Nnamdi Kanu’s motion seeking transfer from DSS to National Hospital

Justice Musa Liman of the Federal High Court, Abuja, has declined hearing of a motion filed by Biafra nation agitator, Nnamdi Kanu, seeking an order transferring him from the custody of the Department of State Services (DSS) to the National Hospital in Abuja for urgent medical attention.

The judge declined hearing on the ground that his fiat to sit as a vacation judge ends today and therefore he lacked jurisdiction to open such a new matter for hearing.

Justice Liman instead ordered that the case file be returned to the registry for the Chief Judge to reassign it to another judge.

At Monday’s proceedings, Asiwaju Adegboyega Awomolo, SAN, appeared for the Federal Government while Uchenna Njoku, SAN, stood for the leader of the proscribed Indigenous People of Biafra (IPOB).

When the matter was called, Kanu’s lawyer informed the judge that the motion by Kanu was filed on September 1, while a counter-affidavit of 37 paragraphs opposing the transfer request was served on him by government in the open court.

The senior lawyer said that he had not read the counter-affidavit for him to respond.

He therefore applied for an adjournment to enable him to respond to the counter-affidavit and in view of the fact that the vacation of the judge had come to an end.

On his part, Awomolo, SAN, did not oppose the adjournment request and said that he would be ready to be in court anytime a new date is fixed.

In a brief ruling, Justice Liman ordered that the case file be returned to the registry for the Chief Judge to reassign the matter to another judge.

Justice Liman said that he would make a recommendation to the Chief Judge for the speedy hearing of the motion since the health of the applicant is involved.

Kanu, in the motion with charge number FHC/ABJ/CR/383/2015, had sought an order of the court for the Department of State Services (DSS) to move him from DSS custody to the National Hospital for urgent medical care.

Giving an 11-ground argument why their request should be granted, lead counsel to the applicant, Kanu Agabi, SAN, said his client is presently standing trial before Justice James Omotosho in charge marked FHC/ABJ/CR/383/2015.

He said Kanu, on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge.

The lawyer, however, said that the said application could not be taken before the annual vacation of the court, hence his continued detention.

According to him, while awaiting the resumption of the court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors for the purpose of carrying out a thorough and extensive examination on the applicant.

“The examination revealed issues to his health including organs such as his pancreas and liver as well as an emerging lump underneath his armpit and dangerously low levels of potassium.

“The doctors have recommended that he be moved to the National Hospital as an interim measure to afford him medical attention and forestall further decline.

“The applicant’s health is seriously deteriorating considering the nature of his confinement, thereby making more pressing the need to bring this application and have same heard by a vacation judge,” Agabi said.

He alleged that a letter by the doctors to the Director-General of the DSS, advising the transfer of Kanu, had gone without answer.

He said the urgency of the matter had, therefore, necessitated the filing of the application as a measure to arrest further decline of his health while spirited efforts are being expended to ensure his treatment.

The senior lawyer said that the grant of the application would not occasion any injustice on the complainant (DSS).

Besides, Agabi said the court “is imbued with jurisdiction to hear and grant the prayers sought in the application.”

Emmanuel Kanu, the younger brother to Nnamdi Kanu, in the affidavit he deposed to, averred that the IPOB leader recently complained of weakness and pains in his body.

He said this “prompted the invitation of doctors led by the Eminent Emeritus Professor Austin A.C. Agaji, who on 1st September, 2025, at about 2:30 p.m., told him that several tests were conducted on Kanu in August.

Emmanuel said the doctor told him, at Agabi’s law firm, that it was discovered that the IPOB leader was suffering from issues relating to his liver and kidney as well as dangerously low levels of potassium.

“He was further diagnosed with a swelling around his armpit area which requires urgent attention to ascertain the cause and thereafter to seek appropriate medical treatment,” he averred.