Court to hear Nnamdi Kanu’s motion seeking his transfer to National Hospital Monday

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Sep 14, 2025 - 14:00
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Kanu raises alarm, alleges tricks by FG to perpetually hold him down Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has drawn attention to what he described as serial executive and judicial fraud being perpetrated against him since his extraordinary rendition in 2021. In an open letter addressed to Nigerians yesterday, Kanu said: ‘’In a judgment entered on March 1, 2017, the Federal High Court, Abuja, ruled that the ‘IPOB is not an unlawful group’. At the time, it received widespread publicity which can be verified. ‘’This landmark ruling (made by the court before it turned unjust) emanated in a criminal proceedings that required ‘proof beyond reasonable doubt’ and in which the federal government and my humble self presented our respective cases. ‘’Alas! Instead of the federal government to go on appeal as the law mandated (if they are dissatisfied with the judgment), the former Attorney-General (Abubakar Malami) went behind closed doors with a letter signed by late Abba Kyari and got IPOB proscribed/tagged a terrorist group in an ex parte proceedings that conducted without notice to me or to the IPOB. ‘’This abominable incident was the earliest sign yet that the government and its judiciary have struck an unholy and fraudulent alliance to deny me my rights and thereby imperil the life and liberty of millions who identity with IPOB. ‘’On October 26, 2022, a Federal High Court declared my extraordinary rendition and detention as unconstitutional, stating that: ‘the manner of arrest and detention of the Applicant (Mazi Nnamdi Kanu) in Kenya, his continued detention in Abuja, his subjection to physical and mental trauma by the Respondents, the inhuman and degrading treatment meted out to the Applicant amounts to a brazen violation of the Applicant’s fundamental right to dignity of his person and threat to life under Section 34 (1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).’ ‘’The court further ordered the federal government to apologize to me and pay me compensation. In a responsible society and well-ordered, run by a responsible government, this judgment is sufficient to have ended my lengthy detention and encourage the federal government to constructively engage me on the issue of the self-determination agitation that triggered this whole saga. ‘’Pedal back to October 13, 2022, when the Court of Appeal held that: ‘The courts must never shy away from calling the executive to order when they resort to acts of ‘executive lawlessness.’ ‘’The duty of the courts is to maintain a balance between ensuring that law and order is obeyed and the protection of the individual from oppressive actions by the executive. ‘’By the forcible abduction and extraordinary rendition of the Appellant (Mazi Nnamdi Kanu) from Kenya to this country on the 27th day of June 2021, in violation of international and state laws, the lower court or, indeed, any court in this country is divested of jurisdiction to entertain charges against the Appellant’. ‘’Despite the clarity of this judgment and its comportment with reason, the federal government refused to release me from detention while it went behind closed doors and connived with three other justices of the court of appeal who fraudulently and swiftly sat on appeal over the judgment and practically destroyed it by issuing what they termed ‘a stay of execution’. ‘’One may then ask: Is it not abominable for a court to stay a judgment the government already disobeyed? In a plethora of cases, the Supreme Court has held that anybody who disobeys a related court order cannot be given any judicial relief until such order is obeyed. ‘’This is a sound reasoning that applied to everybody but is fraudulently overlooked when it comes to my case. Fast forward to 15th December 2023 when the Supreme Court sent back my case to the Federal High Court for trial. ‘’For avoidance of doubt, that was not the only decision the Supreme Court made. It also decided that my bail should not have been revoked and it went on to state clearly that the judge exhibited significant and unacceptable bias by revoking my bail. ‘’In a sane society, one would expect that when the High court received my case from the Supreme Court and hankered down for trial, it was also duty-bound to restore my bail in line with the pronouncement of the apex court. ‘’But that did not happen. Why? Well, your guess is as good as mine and that is: the Court connived with the federal government to continue my detention in violation of Section 287 of the Nigerian Constitution. ‘’On September 24, 2024, I decided that I have had enough of taking my chances at getting justice from a judge that, in June 2021, sent me to secret police detention without fair hearing, later refused to transfer me to prison to better prepare for my trial and capped it all by refusing to restore my bail and instead ordering an accelerated trial in the face of the reality that I will never get a fair trial whilst detained at the DSS. ‘’These are the major reasons that compelled me to request recusal of the judge and having consented to it, she proceeded to make an order removing herself from my case. That order was never challenged on appeal; thus it remains extant to this day. ‘’But instead of the Chief judge of the Federal High Court to do the lawful thing by assigning my case to another judge, he connived with the federal government to eat crow and send my case to a judge that stands recused by a valid order. ‘’To conclude this open letter, let me make it clear that it should in no way be construed to mean that there are no decent judges in Nigeria that can be trusted to deliver even-handed justice in my case. That is not the issue. ‘’Instead, the issue is that my case is deliberately being shielded from judges and justices that are deemed to be committed to doing justice, even when it means that the federal government must lose. ‘’Be that as it may, if it will take the rest of my life in detention to produce me before a proper and impartial court, so be it. But let me say this for the world to know: I will not succumb to any trial conducted by any judge or court whose jurisdiction does not pass constitutional muster. Not now, not ever.’’

The Federal High Court will on Monday hear a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking an order transferring him to the Abuja National Hospital for urgent medical attention.

Justice Musa Liman had granted the motion ex parte, praying for permission from the court to hear the application during the vacation period due to 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, who is also a vacation judge, had said.

The News Agency of Nigeria (NAN) reports that Kanu, in the ex parte motion with charge number: FHC/ABJ/CR/383/2015, had sought relief.

Kanu, in the motion dated Sept. 2 but filed on Sept. 3 by Chief Kanu Agabi, SAN, sought an order “granting leave for the applicant’s motion dated 1st September, 2025 to be heard before the vacation judge.”

Giving an 11-ground argument why their request should be granted, Agabi said Kanu is presently standing trial before Justice James Omotosho in charge marked: FHC/ABJ/CR/383/2015.

He said Kanu, on May 19, filed an application praying the court to admit him to bail pending the hearing and determination of the terrorism charge.

The lawyer, however, stated that the application could not be heard before the court’s annual vacation, hence the continued detention.

According to him, while awaiting the resumption of court activities, the applicant’s health took a worrisome decline, necessitating the invitation of doctors to carry out a thorough and extensive examination of the applicant.

“The examination revealed issues with his health, including organs such as 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 as an interim measure to afford him medical attention and forestall further decline.

“The applicant’s health is seriously deteriorating considering the nature of his confinement thereby making more pressing, the need to bring this application and have same heard by a vacation judge,” Agabi said.

He alleged that a letter from the doctors to the Director-General of the DSS, advising the transfer of Kanu, had gone unanswered.

He said the urgency of the matter had, therefore, necessitated the filing of the instant application as a measure to arrest further decline of his health while spirited efforts are being expended to ensure his treatment.”

The senior lawyer stated that granting the application would not cause any injustice to the complainant (DSS).

Besides, Agabi said the court “is imbued with jurisdiction to hear and grant the prayers sought in the application.”

Emmanuel Kanu, the younger brother of Nnamdi Kanu, in the affidavit he deposed to, averred that the IPOB leader recently complained of weakness and pains in his body.

He said this “prompted the invitation of doctors led by the Eminent Emeritus Professor Austin A.C. Agaji, who on 1st September, 2025 at about 2:30pm,” told him that several tests were conducted on Kanu in August.

Emmanuel said the doctor told him, at Agabi’s law firm, that it was discovered that the IPOB leader was suffering from issues relating to his liver and kidneys, as well as a dangerously low level of potassium.

“He was further diagnosed of a swelling around his armpit area which requires urgent attention to ascertain the cause and thereafter to seek appropriate medical treatment,” he averred.

Vanguard News

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