The Federal High Court in Abuja has refused to hear Nnamdi Kanu’s urgent motion seeking transfer from DSS custody to the National Hospital.
The IPOB leader had asked to be moved for medical treatment after reports of deteriorating health.
Justice Musa Liman, who sat as a vacation judge, said his authority to hear fresh matters expired on Monday. “I believe that the right to health is as important as the right to life,” he had earlier said when granting leave for the motion to be heard.
But at the hearing, Liman ruled: “My fiat to sit as a vacation judge ends today. I lack jurisdiction to open a new matter.”
Medical Reports and Legal Push
Kanu’s lawyers, led by Chief Kanu Agabi (SAN), filed the application on September 3. They cited “kidney and liver-related issues, dangerously low potassium levels, and a swelling under his armpit.”
Doctors led by Emeritus Prof. Austin A.C. Agaji recommended urgent transfer. A letter sent to the DSS Director-General received no reply.
“The applicant’s health is seriously deteriorating considering the nature of his confinement,” Agabi told the court.
The motion, marked FHC/ABJ/CR/383/2015, listed 11 grounds, including Kanu’s constitutional right to life and health.
Next Steps and Continued Detention
Kanu’s lawyer, Uchenna Njoku (SAN), said he had not reviewed the government’s 37-paragraph counter-affidavit served in court. He requested an adjournment.
The Federal Government’s lawyer, Adegboyega Awomolo (SAN), did not oppose the request. Justice Liman ordered the case file returned to the registry for reassignment.
He promised to recommend a speedy hearing to the Chief Judge, given the urgency of Kanu’s health.
Kanu has been in DSS custody since 2021, after his arrest in Kenya and extraordinary rendition to Nigeria without due process. He is facing terrorism-related charges before Justice James Omotosho.
His bail application, filed on May 19, is still pending due to the court’s vacation.
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