By Our Correspondent
The lingering legal drama surrounding the embattled leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, took another twist on Monday as the Federal High Court in Abuja declined to hear his urgent motion seeking transfer from the custody of the Department of State Services (DSS) to the National Hospital for immediate medical attention.
Justice Musa Liman, presiding as a vacation judge, ruled that his mandate ended on September 15, leaving him without jurisdiction to entertain the fresh motion. He subsequently ordered that the case file be returned to the Chief Judge of the Federal High Court for reassignment.
The decision effectively leaves Kanu—who is battling terrorism charges—stranded in DSS custody despite mounting concerns over his deteriorating health.
At Monday’s proceedings, Asiwaju Adegboyega Awomolo, SAN, appeared for the Federal Government, while Uchenna Njoku, SAN, stood in for Kanu. When the motion was called, Njoku revealed that the government only served a 37-paragraph counter-affidavit in open court, leaving him no time to respond. He requested an adjournment, stressing the urgency of Kanu’s worsening health.
Awomolo did not oppose, stating he was prepared to return once the matter was reassigned.
In a brief ruling, Justice Liman said he would recommend to the Chief Judge that the case be given expedited attention, “since the health of the applicant is involved.”
Doctors Raise Red Flags
Kanu’s lead counsel, Chief Kanu Agabi, SAN, told the court that the IPOB leader’s condition had become critical. According to medical examinations conducted in August and reviewed on September 1 by a team led by Emeritus Professor Austin A.C. Agaji, Kanu is battling serious complications affecting his liver, pancreas, and kidney, alongside dangerously low potassium levels and a swelling (lump) under his armpit that requires urgent investigation.
“The doctors have strongly advised that he be moved to the National Hospital as an interim measure,” Agabi argued, warning that the DSS had ignored their written recommendation to its Director-General.
In his affidavit, Emmanuel Kanu, the IPOB leader’s younger brother, confirmed that his brother recently complained of weakness, persistent pain, and fatigue, prompting the medical team’s intervention.
The Legal Backdrop
The motion, filed under charge number FHC/ABJ/CR/383/2015, sought an order compelling the DSS to immediately transfer Kanu to the National Hospital for adequate medical care. It followed an earlier bail application filed on May 19, which was not heard before the annual judicial vacation.
Agabi stressed that the application was not aimed at frustrating the government’s case, but a life-saving intervention:
> “The applicant’s health is deteriorating dangerously under the present conditions. Granting this application will not prejudice the prosecution but will forestall further decline.”
The case now awaits reassignment by the Chief Judge of the Federal High Court. Until then, Kanu remains in DSS custody, with his health hanging in the balance.
The development has sparked renewed concerns among his supporters, who argue that the government is playing politics with Kanu’s life. Critics, however, maintain that his detention is justified given the gravity of the terrorism charges he faces.
For now, one question looms large: Will the judiciary act swiftly to save Nnamdi Kanu’s life, or will legal bureaucracy deepen the uncertainty around his health and trial?
PIONEER NEWS 