Judge Refers Nnamdi Kanu’s Medical Transfer Motion To Chief Judge for Reassignment

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Judge Refers Nnamdi Kanu’s Medical Transfer Motion To Chief Judge for Reassignment

Nigeria News
16.09.2025
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The Federal High Court in Abuja has referred a motion filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), to the Chief Judge (CJ) of the court for reassignment. The motion seeks a court order for his transfer to the National Hospital in Abuja for urgent medical attention.

Presiding over the case, Justice Musa Liman ruled that the application be sent back to the Chief Judge due to procedural and administrative constraints linked to the court’s annual vacation.

Through a motion ex parte, Nnamdi Kanu requested the court to order his immediate transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, citing urgent medical needs. His counsel, Uchenna Njoku, SAN, argued that Kanu’s health condition required immediate attention outside the DSS facility.

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The motion also underscored Kanu’s constitutional right to adequate healthcare, as provided for under Nigerian law and international human rights conventions.

In a brief ruling, Justice Musa Liman directed that the case file be transferred back to the Chief Judge of the Federal High Court for reassignment. The decision came after Kanu’s legal team requested the reassignment, citing the impending conclusion of the court’s annual vacation on September 15.

Justice Liman stated that the vacation court was overwhelmed with cases, with not less than 30 matters listed for the day’s proceedings. Only six cases were selected for hearing, leaving insufficient time to address Kanu’s urgent application.

The judge explained that under Section 46(8) of the Federal High Court Rules, any case that cannot be concluded within the vacation period must be referred back to the Chief Judge for reassignment. Although Kanu’s motion was filed on health grounds, the timing of its submission meant it could not be handled promptly during the vacation period.

This legal provision ensures that pending cases are properly managed and reassigned to appropriate judges after vacation, thereby preventing procedural lapses.

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Kanu’s Counsel

Uchenna Njoku, SAN, representing Nnamdi Kanu, emphasized the urgency of the application and urged the court to consider Kanu’s deteriorating health. He argued that the motion should be treated as a priority due to its sensitive nature.

DSS Counsel

Adegboyega Awomolo, SAN, counsel to the Department of State Services (DSS), did not oppose the motion for reassignment. However, he noted that the application was filed late, which contributed to the procedural delays.

According to Awomolo, in case management, the court retains the overriding discretion on which matters to prioritize. He remarked that had the application been filed earlier, it could have been heard during the vacation period.

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has been in custody of the DSS since his re-arrest in 2021. His ongoing legal battles include charges related to treasonable felony, terrorism, and incitement. Over the years, his health has been a subject of concern, prompting repeated requests for medical care outside DSS facilities.

The latest motion highlights his continued struggle to access specialized medical treatment and the legal complexities surrounding his detention.

Justice Musa Liman confirmed that over 30 cases were listed for the day’s proceedings, but only six were taken due to time constraints.
Kanu’s motion was deemed urgent but was filed too late to be handled during the vacation period.
DSS counsel Adegboyega Awomolo expressed readiness to address the motion “any time, any day” once reassigned.
The judge invoked Section 46(8) of the Federal High Court Rules to return the file to the Chief Judge for reassignment.

The referral of Kanu’s motion to the Chief Judge for reassignment underscores the importance of timely filing of urgent applications, especially during the court’s vacation period. It also highlights the judiciary’s procedural checks to ensure that no case is unduly delayed or mishandled.

For Nnamdi Kanu, the reassignment could mean either a faster resolution of his medical transfer request or further delays depending on how quickly the new judge takes up the matter.

Kanu’s legal team has repeatedly raised alarm over his health condition, insisting that he requires specialized medical care unavailable within DSS facilities. They argue that the continued denial of such care violates his fundamental human rights under Section 35 of the Nigerian Constitution and international treaties to which Nigeria is a signatory.

Human rights groups have also been monitoring the case closely, seeing it as a litmus test for Nigeria’s commitment to upholding detainees’ rights.

With Justice Liman’s referral, the case file will now be sent to the registry of the Federal High Court for reassignment to another judge as directed by the Chief Judge. Once reassigned, the new judge will determine how to proceed with Kanu’s motion for medical transfer.

Both the defense and the DSS have expressed readiness to argue the motion when the court reconvenes, raising hopes for a swift decision on Kanu’s health-related request.

The referral of Nnamdi Kanu’s medical transfer motion to the Chief Judge for reassignment reflects the procedural realities of Nigeria’s judicial system, particularly during vacation periods. While the urgency of Kanu’s health concerns is acknowledged, procedural compliance remains a key factor in how swiftly the courts can respond to such motions.

The coming days will reveal how quickly the reassigned judge will take up the matter and whether Kanu will receive the medical attention he seeks at the National Hospital, Abuja.