Justice Musa Liman of the Federal High Court, Abuja, on Monday, sent back a motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to the chief judge of the Federal High Court, Justice John Tsoho, for reassignment.
Kanu, through a motion ex parte, sought an order of the court transferring him to the National Hospital, Abuja, for urgent medical attention.
Justice Liman, in a short ruling, made the order transferring the case file back to the chief judge of the Federal High Court, following an application by Kanu’s counsel, Uchenna Njoku (SAN), because the annual vacation of the court would be ending today.
The Department of State Services (DSS)’s lawyer, Chief Adegboyega Awomolo (SAN), did not oppose Uchenna‘s application.
Upon the resumed hearing in the case, Justice Liman hinted that there was no time anymore 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.
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The judge said in line with Section 46 (8) of the Federal High Court Rules, any case that could not be completed within the vacation period would have to be sent back to the chief judge for reassignment.
He said that though Kanu’s motion was an urgent one and is based on health grounds, it was filed late.
Responding, Awomolo said in case management, the court has the overriding decision on which case to go on with and which one not to go on with.
Njoku said Kanu’s application, dated September 1, was filed same date and sought the leave of the court to confer with Chief Awomolo.
Awomolo said it was unfortunate that the matter was coming up rather late.
Justice Liman consequently ordered that the case file be referred back to the registry for reassignment.
