Justice Musa Liman of the Federal High Court, Abuja, has refused to hear a motion filed by Biafra nation agitator, Nnamdi Kanu, seeking an order transferring him from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical attention.
The judge said his fiat to sit as a vacation judge ended yesterday, and therefore, he lacked jurisdiction to open such a new matter for hearing.
He ordered that the case file be returned to the registry for the chief judge could reassign it to another judge.
During proceedings, Chief Adegboyega Awomolo (SAN) appeared for the federal government, while Uchenna Njoku (SAN) represented the leader of the proscribed Indigenous People of Biafra (IPOB).
When the matter was called, Kanu’s lawyer informed the judge that his client’s motion was filed on September 1, while the government served him with a 37-paragraph counter-affidavit opposing the transfer request in open court.
The senior lawyer said he had not read the counter-affidavit for him to respond.
He therefore applied for an adjournment to enable him to respond to the counter-affidavit and in view of the fact that the vacation of the judge had come to an end.
Awomolo, who did not oppose the adjournment request, said he would be ready to be in court “anytime, anyway a new date is fixed.”
In a brief ruling, Justice Liman ordered that the case file be returned to the registry for the chief judge to reassign the matter to another judge.
Justice Liman said he would make a recommendation to the chief judge for the speedy hearing of the motion since the health of the applicant is involved.
In the motion with charge number: FHC/ABJ/CR/383/2015, Kanu had sought an order of the court for the DSS to move him from their custody to the National Hospital for urgent medical care.
