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ABUJA – The Federal High Court sitting in Abuja, on Monday, refused to hear a motion filed by Biafra nation agitator, Mazi Nnamdi Kanu, seeking an order transferring him from the detention facility of the Department of State Services (DSS) to National Hospital in Abuja, for urgent medical attention.
Kanu had in the motion with charge number, FHC/ABJ/CR/383/2015, sought an order of the court for the Department of the State Services (DSS) to move him from its custody to the National Hospital for urgent medical care.
The presiding Judge, Musa Liman, said he wouldn’t hear the application because the fiat to sit as a vacation judge has ended.
Therefore, the judge said he lacked the requisite jurisdiction to open such a new matter for hearing.
In view of the foregoing, Justice Liman rather ordered that the case file be returned to the registry for the Chief Judge to reassign it to another judge.
At Monday’s sitting, Adegboyega Awomolo (SAN) announced appearance for the Federal Government while Uchenna Njoku (SAN) appeared for Nnamdi Kanu.
Njoku told the judge that the motion by Kanu was filed on September 1, while the Federal Government lawyer filed a 37-paragraph counter affidavit in opposing to the transfer request.
Kanu’s lawyer informed the court that the counter affidavit was served on him by counsel to the Federal Government in open court, stressing that he had not read the counter affidavit for him to respond.
He, therefore, applied for an adjournment to enable him respond to the counter affidavit, and in view of the fact that the vacation of the judge had come to an end.
Awomolo did not raise any objection to the oral application for adjournment, adding that he would be ready to 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 for reassignment to another Judge.
Justice Liman said that he would make recommendation to the Chief Judge for accelerated hearing of the motion since it borders on health condition of the applicant.
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