A federal high court in Abuja has refused to grant a motion ex parte seeking the transfer of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), from Sokoto correctional facility.
The IPOB leader was remanded in Sokoto prison following his conviction on a seven-count terrorism-related charge by a federal high court in Abuja on November 20.
In an ex parte motion, Kanu is seeking “an order compelling the complainant (federal government)!and/or the Nigerian Correctional Service (NCoS) to forthwith transfer him from the Sokoto Correctional Facility to a custodial facility within the jurisdiction of this honourable court”.
Alternatively, he sought an order transferring him to the court’s “immediate environs, such as the Suleja or the Keffi Custodial Centre, for the purpose of enabling the applicant (Kanu) to effectively prosecute his constitutionally guaranteed right of appeal”.
Representing Kanu at the court session on Monday, Demdoo Asan, a lawyer from the Legal Aid Council of Nigeria (LACON), moved the ex parte motion.
However, James Omotosho, the presiding judge, held that the reliefs sought cannot be brought through ex parte.
Omotosho said since the word “compel” was used, the federal government and NCoS ought to be put on notice for them to respond appropriately in the interest of justice.
“You are from Legal Aid Council counsel? Do you think it is by ex parte motion this application ought to be granted, having it in mind that judgment was delivered when the two parties were present?” Omotosho asked.
“Also, among the respondents to obey the order is the correctional service, and you think it is through ex parte motion that the court can make the order for his transfer?
“Don’t you think this application should have come by motion on notice?”
Responding, Asan admitted that the respondents needed to be put on notice before the matter could be decided judiciously.
“My lord, the respondents have the right to be heard. Usually, the court can make an order that they should be put on notice,” he said.
Consequently, Omotosho struck out relief one in Kanu’s motion and ordered that the prosecution and the NCoS be served for them to respond in the interest of justice.
The judge also faulted the notice of appeal, which Kanu filed on November 10, before the court’s November 20 judgment, which convicted him and sentenced him to life imprisonment.
Omotosho said based on the judgment delivered by his court on November 20, there is no notice of appeal before his court.
He then adjourned till January 27, 2026, to enable Kanu serve the prosecution and NCoS as ordered by the court and for the motion to be heard.
