The News Agency of Nigeria (NAN) reports that Kanu, in the motion ex-parte, is seeking an order of the court transferring him to Abuja National Hospital for urgent medical attention.
Justice Liman, in a short ruling, made the order transferring the case file back to the CJ, following an application by Kanu’s counsel, Uchenna Njoku, SAN, considering the fact that 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.
Earlier upon resumed hearing in the case, the judge 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 proned down to six.
The judge said in line with Section 46(8) of the FHC Rules, any case that could not be completed within vacation period would have to be sent back to the CJ for reassignment.
He said though Kanu’s motion was an urgent one in view of the health ground, it was filed lately.
Responding, Awomolo said in case management, the court had the overriding decision on which case to go on and which is not to go on.
“Your lordship cannot perform any magic,” he said.
Njoku said their application dated Sept. 1, was filed same date.
“I have been served few minutes ago the counter affidavit of the complainant/respondent (DSS). My lord, I haven’t read it,” the lawyer said.
He then sought the leave of court to confer with Chief Awomolo.
“Having confer with the lead counsel for the complainant/respondent, and in the light of the remarks my lord made this morning which is sensible and clearly persuasive to the bar,
“And given that the vacation ends today and in order not to impose a date in your learner brother in whom the substantive case is pending, we will be asking for an adjournment,” Njoku said.
Awomolo said it was unfortunate that the matter was coming up rather late.
“Had it been that they filed the application earlier, it would have been taken during vacation.
“But we are ready to take the motion any time, any day,” he said.
Justice Liman consequently ordered that the case file be referred by to the registry for reassignment.
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