Hot SourceAlex Enumah in Abuja
Justice Musa Liman of a Federal High Court, Abuja, on Monday refused to hear a motion by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, for his transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja.
Justice Liman based his refusal on the grounds that his fiat to sit as a vacation judge ends today (Monday) and therefore lacked jurisdiction to open such a new matter for hearing.
He subsequently ordered that the case file be returned to the Registry of the Federal High Court for the Chief Judge to reassign it to another judge.
When the matter came up on Monday, Kanu’s lawyer, Uchenna Njoku (SAN), told the court that the motion by Kanu was filed on September 1, while a counter affidavit of 37 paragraphs opposing the transfer request was served on him by the Federal Government’s lawyer in the open court.
While stating that he had not read the counter affidavit for him to respond accordingly, Njoku sought for an adjournment to enable him respond to the counter affidavit and in view of the fact that the vacation of the court had come to an end.
Responding, Adegboyega Awomolo (SAN), who appeared for the Federal Government, did not object to the request for adjournment, stating that he would be ready and would be in court anytime 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 that he would make recommendation to the CJ for the speedy hearing of the motion since the health of the applicant is involved.
Kanu, in the motion with charge number: FHC/ABJ/CR/383/2015, had sought an order of the court for the DSS to move him from DSS custody to the National Hospital for urgent medical care.
Kanu is presently standing trial before Justice James Omotosho in charge marked: FHC/ABJ/CR/383/2015.
In the motion predicated on 11 grounds, the applicant disclosed that he had on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge against him.
He, however, claimed that the motion could not be taken before the annual vacation of the court, hence his continued detention.
The applicant explained that while awaiting the resumption of court activities, his health took a worrisome decline, necessitating the invitation of doctors for the purpose of carrying out a thorough and extensive examination on the applicant.
The post Failing Health: Court Refuses to Hear Nnamdi Kanu’s Motion for Transfer to National Hospital appeared first on THISDAYLIVE.
