Justice Musa Liman of the Federal High Court Abuja, has sent back to the Chief Judge, a motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, for reassignment.
Kanu, in the motion ex parte, is seeking an order of the court transferring him to the National Hospital, Abuja, for urgent medical attention.
In a short ruling, Justice Liman ordered the transfer of the case file back to the CJ of the Federal High Court, following an application by Kanu’s counsel, Uchenna Njoku, SAN, considering the fact that the annual vacation of the court will end on September 15 (today).
Counsel to the Department of State Services, Adegboyega Awomolo, SAN, did not oppose Uchenna ‘s application.
At the resumed hearing earlier, the judge hinted that there was no time for the vacation court to decide Kanu’s motion.
He said not less than 30 cases were listed for the day’s proceedings by the registrar, and since the court would be unable to take all, the cases were pruned down to six.
Justice Liman added that, in line with Section 46(8) of the FHC Rules, any case that could not be completed within the vacation period would have to be sent back to the CJ for reassignment.
He said that though Kanu’s motion was an urgent one in view of the health ground, it was filed late.
Responding, Awomolo said in case management, the court had the overriding decision on which case to go on and which is not to go on.
Awomolo said it was unfortunate that the matter was coming up rather 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 added.
Justice Liman consequently ordered that the case file be referred to the registry for reassignment.
