The Federal High Court in Abuja on Monday rejected an
urgent request by Nnamdi Kanu, leader of the proscribed Indigenous People of
Biafra (IPOB), seeking to be transferred from the Sokoto Correctional Centre to
a facility closer to Abuja.
Kanu, who was recently convicted on terrorism-related
charges, filed a motion ex-parte asking the court to order the Federal
Government and the Nigerian Correctional Service (NCoS) to immediately move him
to a custodial centre within the Federal Capital Territory. In the alternative,
he requested relocation to Suleja or Keffi to enable him better prosecute his
appeal.
Judge Declines Application
Justice James Omotosho refused the request outright,
stressing that such an order cannot be made without hearing from the Federal
Government and the NCoS.
“A law school student will know that this application
cannot be granted ex-parte,” the judge said, criticising the procedural
approach.
The judge questioned why Kanu’s team sought an order compelling
the government to act in an ex-parte motion—one made in the absence of the
other side. Kanu’s counsel, Demdoo Asan of the Legal Aid Council, eventually
conceded and agreed that the first relief be struck out.
Respondents Must Be Heard
Justice Omotosho insisted that the respondents must be
served and given the opportunity to present their position, especially since
the judgment being appealed was delivered in their presence.
The court therefore struck out the first relief and
ordered Kanu’s legal team to serve the Federal Government and NCoS before the
matter can proceed.
Problems With Kanu’s Notice of Appeal
The court also faulted Kanu’s notice of appeal,
observing that it was dated November 10—10 days before the judgment
delivered on November 20.
The judge declared that no valid notice of appeal
was before him.
Kanu’s lawyer explained that he had only recently been
recalled from leave to handle the matter and assured the court that the defence
team would correct the defect.
Next Steps
The case has been adjourned to January 27, 2026,
to allow proper service on the Federal Government and NCoS. The application for
transfer will be heard thereafter.
This setback follows another issue earlier on December
4, when the court refused to recognise Kanu’s younger brother, Prince Emmanuel,
who attempted to represent him despite not being a lawyer. The court directed
Kanu to obtain proper legal representation.
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