By MIRIAM NNOLI
Copyright newtelegraphng
Justice Musa Liman of the Federal High Court, Abuja, on Monday declined hearing of a motion filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an order to transfer him from the custody of the Department of State Services (DSS) to the National Hospital in Abuja for urgent medical attention.
New Telegraph gathered that the judge declined to hear Kanu’s case on grounds that his fiat to sit as a vacation judge ends today, and therefore, he lacked jurisdiction to open such a new matter for hearing.
Justice Liman, however, ordered that the case file be returned to the registry for the Chief Judge to reassign it to another judge.
At the proceedings, Asiwaju Adegboyega Awomolo, SAN, appeared for the Federal Government while Uchenna Njoku, SAN, stood for Nnamdi Kanu.
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When the matter was called, Kanu’s lawyer informed the judge 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 government in the open court.
The senior lawyer said that he had not read the counter-affidavit for him to respond.
He therefore applied for an adjournment to enable him to respond to the counter-affidavit, and in view of the fact that the vacation of the judge had come to an end.
On his part, Awomolo, SAN, did not oppose the adjournment request and said 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 to reassign the matter to another judge.
Justice Liman said that he would make a recommendation to the Chief Judge for the speedy hearing of the motion since the health of the applicant is involved.
