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Judge Musa Lima from the Federal High Court, Abuja, on Monday, sent back to the head judge submitted by the leader of the Biafra indigenous community (IPOB), Nnamdi Kanu, for the re -assigning.
Kanu, in the ex-party motion, asked the court to move him to the Abuja National Hospital for urgent medical attention.
Judge Lima, in a brief decision, ordered the transfer of case files back to CJ after the application by Kanu advisor, Uchenna Njoku (San).
Lawyer of the State Service Department (DSS), Head of Adegboyega Awomolo (SAN), did not oppose the application.
Previously in the trial, the judge hinted that there was no time for the holiday court to decide on the Kanu motion.
He said at least 30 registered cases for the process of that day by the registrant, and because the court would not be able to take all, the cases were reduced to six.
The judge said that in line with section 46 (8) from the FHC rules, every case that could not be resolved in the holiday period must be sent back to CJ for the re -assignment.
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He said that although the Kanu movement was very urgent, it was proposed late.
In his response, Awomolo said that in the management case, the court had the main decision on this issue.
“Your God can’t do anything magic,” he said.
Njoku said their application, dated September 1, was submitted the same date.
“I was served a few minutes ago the Affidavit counter from the complainant/respondent (DSS). My lord, I have not read it,” said the lawyer.
He then sought a court leave to negotiate with Awomolo.
“After negotiating with the main advice for the complainant/respondent, and in the light of the comments made by my Lord this morning, which makes sense and clearly persuasive to the bar.
“And remembering that the holiday ends today and so as not to force the date on your students where the substantive case is waiting, we will ask for a delay,” Njoku said.
