The legal battle involving Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has taken a fresh turn as the Federal High Court in Abuja moved up his case date to September 26, 2025, to hear an urgent application seeking his release.

The hearing was originally fixed for October 10, when the court was also expected to continue with his terrorism trial. However, Justice James Omotosho, who is presiding over the main case, will now first address the new application filed by Kanu’s legal team.

At the centre of the latest application is Kanu’s deteriorating health.

His younger brother, Emmanuel Kanu, filed a sworn affidavit stating that the IPOB leader is battling a serious heart condition. According to him, the medical facilities at the detention centre cannot provide the specialised care he urgently needs.

During the last court session, Kanu’s lawyer, Uchenna Njoku (SAN), told the court that the defence had just been served with a 37-page counter-affidavit from the Federal Government on the same morning of the hearing.

He explained that he had not had enough time to review the document, prompting a request for an adjournment.

Surprisingly, the Federal Government’s legal team, led by Adegboyega Awomolo (SAN), did not oppose the request. Awomolo admitted that while his team was fully prepared to proceed, it was unfortunate the matter had not been scheduled earlier despite its urgency.

Justice Musa Liman, who had been handling the case as a vacation judge, also acknowledged the seriousness of the situation.

He noted that the matter “could be a question of life and death,” given the health claims raised by Kanu’s lawyers.

With the vacation of Federal High Court judges officially over, Justice Liman’s authority as a vacation judge had lapsed. He therefore directed that the case be reassigned to Justice James Omotosho, who is already presiding over the main terrorism charges against Kanu.

In his notes to the Central Registrar, Justice Liman stressed that the matter was urgent and should be heard before the next adjourned date in October.

Kanu’s main trial, where he faces terrorism-related charges, is still scheduled to resume on October 10.

His lawyers have already filed a no-case submission, arguing that the Federal Government failed to prove its allegations even after calling witnesses and presenting evidence.

The upcoming September 26 hearing will therefore focus solely on whether Kanu should be released, either on health grounds or because of alleged abuses of prosecutorial powers.