The Federal High Court in Abuja will on Monday (Today) hear an appeal by Nnamdi Kanu, the incarcerated leader of the outlawed Indigenous People of Biafra, IPOB, seeking an order for his release from the custody of the Department of State Services, DSS, to the National Hospital in Abuja for urgent medical care.
Chief Kanu Agabi (SAN) filed the request on September 3, after his lawyers claimed a “worrisome decline” in his health while in jail.
Justice Musa Liman, the vacation judge, had previously given the application leave to be heard during the court’s annual vacation period, citing its urgency.
“I believe that the right to health is as important as the right to life. And so I agree that this matter can be heard by the vacation court,” Justice Liman ruled, fixing September 15 for hearing and directing Kanu’s counsel, Uchenna Njoku (SAN), to serve processes on the DSS.
In his supporting affidavit, Kanu’s brother, Emmanuel Kanu, stated that the IPOB leader had recently complained of continuous weakness and physical problems.
He said that doctors called to check him revealed concerning health concerns.
According to him, a team of doctors led by Emeritus Prof. Austin A.C. Agaji conducted tests in August and informed the family on September 1 that Kanu had kidney and liver issues, dangerously low potassium levels, and a swelling under his armpit that required immediate medical attention.
Agabi stated in court that medical findings suggested Kanu’s immediate transfer to the National Hospital as an interim remedy.
“The applicant’s health is seriously deteriorating considering the nature of his confinement, thereby making it more pressing to bring this application before a vacation judge,” Agabi argued.
“The examination revealed issues with his pancreas and liver, as well as an emerging lump underneath his armpit and dangerously low levels of potassium. The doctors have recommended that he be moved to the National Hospital to forestall further decline.”
Agabi further said that a letter from the physicians to the DSS Director-General advising Kanu’s transfer went unanswered.
Kanu is currently on trial before Justice James Omotosho of the same court on terrorism-related charges.
His lawyers argued that a pending bail application filed on May 19 could not be considered before the court’s vacation began, resulting in his ongoing imprisonment.
They contended that accepting the transfer request would not disadvantage the DSS.
“The grant of the application would not occasion any injustice to the DSS,” Agabi maintained. “The court is imbued with jurisdiction to hear and grant the prayers sought in the application.”
The application, dated FHC/ABJ/CR/383/2015, cites 11 reasons why the request should be granted, with Kanu’s legal team arguing that his right to health and life was in jeopardy.
The court is likely to rule on the application after hearing arguments from both parties today.
Kanu has been in DSS custody since 2021, following his abduction in Kenya and deportation to Nigeria.
