The Federal High Court in Abuja will today (Monday) hear an application filed by detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an order for his transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical treatment.
The application, filed on September 3 by Chief Kanu Agabi (SAN), follows what Kanu’s lawyers described as a “worrisome decline” in his health while in detention.
Judge Grants Leave for Urgent Hearing
Vacation judge, Justice Musa Liman, had earlier ruled that the matter could be heard during the court’s annual vacation, citing the urgency of the health concerns.
“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 declared, fixing September 15 for hearing and directing Kanu’s counsel, Uchenna Njoku (SAN), to serve processes on the DSS.
Medical Reports Raise Alarm
In a supporting affidavit, Kanu’s brother, Emmanuel Kanu, stated that the IPOB leader had been experiencing persistent weakness and body pains. A medical team led by Emeritus Prof. Austin A.C. Agaji reportedly discovered troubling complications, including:
Kidney and liver-related issues
Dangerously low potassium levels
A swelling under his armpit requiring urgent investigation
Suspected pancreatic and liver concerns
Agabi informed the court that doctors had strongly recommended Kanu’s transfer to the National Hospital as an interim measure. He also noted that a letter sent to the DSS Director-General advising the transfer had not received any response.
Legal Arguments Before the Court
Kanu’s lawyers stressed that granting the transfer would not prejudice the DSS but was necessary to protect his fundamental rights.
“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 application, marked FHC/ABJ/CR/383/2015, lists 11 grounds for approval, including the constitutional right to health and life.
Kanu’s Detention Since 2021
Nnamdi Kanu has been in DSS detention since 2021 following his arrest in Kenya and repatriation to Nigeria. He is currently standing trial before Justice James Omotosho on terrorism-related charges.
His legal team also noted that a pending bail application filed on May 19 could not be heard before the commencement of the court’s vacation, leaving him in continued detention.
The court is expected to deliver its ruling after hearing submissions from both parties today.