Justice Musa Liman of the Federal High Court, Abuja, has referred back to the Chief Judge a motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, for reassignment.
Kanu, through a motion ex parte, sought an order of the court to be transferred to the National Hospital, Abuja, for urgent medical attention.
In a brief ruling, Justice Liman ordered that the case file be returned to the Chief Judge of the Federal High Court, following an application by Kanu’s counsel, Uchenna Njoku, SAN, noting that the court’s annual vacation ends on September 15 (today).
Counsel to the Department of State Services (DSS), Adegboyega Awomolo, SAN, did not object to Uchenna’s application.
During the resumed hearing, Justice Liman observed that the vacation court had no time to decide Kanu’s motion, as not less than 30 cases were listed by the registrar, and only six could be taken.
He explained that under Section 46(8) of the FHC Rules, any matter not concluded within the vacation period must be referred back to the Chief Judge for reassignment.
The judge further noted that while Kanu’s application was urgent on health grounds, it was filed rather late.
In response, Awomolo maintained that case management rests with the court, adding it was unfortunate the matter was filed late.
“Had it been that they filed the application earlier, it would have been taken during vacation. But we are ready to take the motion any time, any day,” he said.
Consequently, Justice Liman directed that the case file be sent to the registry for reassignment.