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Judge declines Nnamdi Kanu’s request to leave DSS custody for medical treatment, cites lack of jurisdiction

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB)
Nnamdi Kanu in court | File photo

Musa Liman, a judge of the federal high court in Abuja, has declined to hear an application filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), seeking to be moved from the Department of State Services (DSS) custody to the National Hospital in the federal capital territory (FCT) for medical treatment.

The matter was listed before Liman on Monday, but he said his authority to sit as a vacation judge expired the same day.

The judge added that he lacked jurisdiction to entertain the fresh motion.

The case came up on Monday before Musa Liman, but he noted that his mandate as a vacation judge expired that day.

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Liman added that he lacked jurisdiction to hear the fresh motion and ordered the return of the case file to the registry for reassignment by the chief judge.

However, the judge said he would recommend a speedy hearing of the application given its link to Kanu’s health.

At the proceedings, Uchenna Njoku appeared for Kanu, while Adegboyega Awomolo represented the federal government.

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Njoku told the court that the motion was filed on September 1, noting that a 37-paragraph counter affidavit opposing the request was only served on him in court.

The lawyer sought an adjournment to enable him to respond.

Awomolo did not oppose the request, saying he was ready to appear whenever the matter is reassigned.

In the motion marked FHC/ABJ/CR/383/2015, Kanu asked the court to order the DSS to move him to the National Hospital for urgent medical care.

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Kanu Agabi, his senior counsel, said the IPOB leader’s health had deteriorated in detention, citing medical reports that revealed liver and pancreatic complications, a lump under his armpit, and dangerously low potassium levels.

Agabi said doctors invited to examine Kanu recommended his immediate transfer to the National Hospital, adding that a letter to the DSS director-general conveying that recommendation has not been answered.

“The applicant’s health is seriously deteriorating considering the nature of his confinement, thereby making it more pressing to bring this application and have the same heard by a vacation judge,” Agabi said.

In an affidavit, Emmanuel Kanu, the IPOB leader’s younger brother, said Kanu recently complained of weakness and body pains.

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He said medical examinations conducted on his brother in August revealed liver and kidney complications as well as a swelling under his armpit requiring urgent attention.

Kanu is standing trial on terrorism-related charges before James Omotosho, judge of the federal high court, Abuja.

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