The Federal High Court in Abuja will on Monday, September 15, 2025, hear a motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking an order for his immediate transfer from the custody of the Department of State Services (DSS) to the National Hospital, Abuja, for urgent medical treatment.
The motion, filed by his legal team led by Chief Kanu Agabi, SAN, argues that Kanu’s health has deteriorated significantly during his continued detention, making specialist medical care outside DSS facilities necessary.
Vacation Judge Grants Leave for Urgent Hearing
Justice Musa Liman, who is serving as a vacation judge, granted leave for the motion to be heard during the court’s annual vacation, citing the urgency of the matter.
“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 said, while fixing September 15 for the substantive hearing.
He further directed Kanu’s lawyer, Uchenna Njoku, SAN, to serve the motion papers and hearing notice on the DSS to enable the agency respond appropriately.
Kanu’s Health Concerns
According to the application, Kanu’s medical reports indicate he is battling multiple health complications. The tests reportedly revealed issues affecting his liver, pancreas, and kidney, as well as a swelling under his armpit and dangerously low potassium levels.
Doctors who examined him, led by Professor Austin A.C. Agaji, recommended that he be transferred immediately to the National Hospital for comprehensive treatment to prevent further deterioration.
In the affidavit supporting the motion, Emmanuel Kanu, the IPOB leader’s younger brother, confirmed that his sibling has been experiencing severe weakness, body pains, and complications requiring urgent medical attention.
Legal Arguments
Chief Agabi argued that the delay in addressing Kanu’s bail application, earlier filed on May 19, had prolonged his confinement under harsh conditions, contributing to his declining health.
He also alleged that a formal letter from Kanu’s doctors to the DSS Director-General, advising immediate medical transfer, went unanswered, leaving the legal team with no option but to approach the court.
“The applicant’s health is seriously deteriorating considering the nature of his confinement, thereby making it pressing to bring this application and have same heard by a vacation judge,” Agabi submitted.
He further maintained that granting the application would not cause any prejudice to the complainant (the DSS), as the request is solely aimed at safeguarding Kanu’s fundamental right to health and life.
Background to the Case
Kanu is currently standing trial before Justice James Omotosho in a terrorism-related case marked FHC/ABJ/CR/383/2015. His bail application, pending since May, could not be heard before the commencement of the court’s annual vacation, leaving him in continued DSS custody.
The motion for medical transfer is one of several legal battles tied to Kanu’s detention since his re-arrest and extraordinary rendition to Nigeria in 2021. His trial has drawn international attention, with human rights groups and civil society organisations repeatedly raising concerns about his treatment in custody.
What Next
The outcome of Monday’s hearing will determine whether Kanu will remain under DSS medical supervision or be moved to the National Hospital for specialist treatment.
For supporters and critics alike, the case represents a fresh test of how Nigerian courts balance national security interests with fundamental human rights obligations.
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