Justice Musa Liman of the Federal High Court, Abuja, has referred the motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, back to the Chief Judge for reassignment.
Kanu is seeking an order to be transferred from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical treatment.
In a short ruling on Monday, Justice Liman said the motion, filed late during the court’s annual vacation, could not be decided by the vacation court. He noted that under Section 46(8) of the Federal High Court Rules, any case not concluded within the vacation period must be returned to the Chief Judge for reassignment.
Counsel to Kanu, Uchenna Njoku (SAN), had applied for the motion to be reassigned, which was not opposed by DSS counsel Adegboyega Awomolo (SAN).
Justice Liman explained that the court had over 30 cases listed for the day but had to prune them down to six due to time constraints. He said that although Kanu’s motion was urgent on health grounds, it was filed too late to be heard within the vacation.
Awomolo stated that while the DSS was ready to take the motion “any time, any day,” the late filing meant it could not be accommodated during the vacation period.
The case file has now been referred to the registry for reassignment.
