Court Declines Hearing on Nnamdi Kanu’s Transfer to National Hospital from DSS

Justice Musa Liman of the Federal High Court, Abuja, has refused to hear a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking an order to transfer him from the custody of the Department of State Services (DSS) to the National Hospital in Abuja for urgent medical care.

The judge explained that his authority to sit as a vacation judge ended on the day of the proceedings, leaving him without jurisdiction to entertain new matters. He therefore directed that the case file be returned to the court registry for reassignment to another judge by the Chief Judge. Justice Liman also promised to recommend a speedy hearing because the application concerns Kanu’s health.

At Monday’s session, Asiwaju Adegboyega Awomolo (SAN) appeared for the Federal Government, while Uchenna Njoku (SAN) represented Kanu. Kanu’s counsel informed the court that the application was filed on September 1 but that the government had served a 37-paragraph counter-affidavit in court on the same day. The defence team requested an adjournment to study and respond to the counter-affidavit. Awomolo did not oppose the request and said he would be ready whenever a new hearing date is fixed.

Kanu’s motion, marked FHC/ABJ/CR/383/2015, seeks an order directing the DSS to transfer him to the National Hospital for medical treatment. His lead counsel, Kanu Agabi (SAN), said the IPOB leader is on trial before Justice James Omotosho and had earlier applied for bail pending the determination of terrorism charges against him. The bail application was not heard before the court’s annual vacation, and Kanu has remained in custody.

According to Agabi, Kanu’s health has deteriorated significantly, prompting doctors to examine him. They reportedly discovered problems with his pancreas and liver, a lump under his armpit, and critically low potassium levels. A letter from the medical team recommending his transfer to the National Hospital was allegedly sent to the DSS Director-General but received no response. Agabi argued that moving Kanu would not prejudice the DSS and that the court has the power to grant the request.

An affidavit filed by Emmanuel Kanu, the IPOB leader’s younger brother, stated that Kanu recently complained of weakness and body pains. He said a medical team led by Professor Austin A.C. Agaji examined him and found liver and kidney issues, dangerously low potassium, and swelling under his armpit requiring urgent medical investigation.