By Correspondent in Abuja.
The Federal High Court in Abuja has fixed December 8 for hearing a motion ex-parte filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking his transfer from the Sokoto Correctional Centre.
Justice James Omotosho gave the date on Thursday after declining to hear the application when Kanu’s younger brother, Prince Emmanuel, attempted to appear for him despite not being a lawyer.
Kanu, in the motion ex-parte which he personally signed, prayed the court to deem the motion as moved in absentia, noting his inability to be physically present to argue it.
He also sought an order directing the Federal Government or the Nigerian Correctional Service (NCoS) to immediately transfer him from the Sokoto facility to a custodial centre within the court’s jurisdiction.
Alternatively, he asked to be moved to a facility in the court’s “immediate environs,” such as the Suleja or Keffi Custodial Centre, to enable him effectively pursue his constitutionally guaranteed right of appeal.
Our Correspondent recalls that Kanu was convicted of terrorism offences on November 20 and is currently serving a life sentence at the Sokoto Correctional Centre.
He had earlier dismissed his legal team and opted to represent himself.
When the case was called, Justice Omotosho demanded the appearance of a legal practitioner and Emmanuel stepped forward claiming to represent his brother, but the judge immediately rejected the move.
“This ex-parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” Justice Omotosho said, explaining that the law only permits a qualified lawyer to move such an application.
The judge advised Emmanuel to engage a lawyer or seek assistance from the Legal Aid Council, stressing that relations cannot represent an individual in court.
“I am not going into the merits of the application now. But you cannot represent a human being when you are not a lawyer. Only counsel can do that,” he said.
Upon Emmanuel’s request for an adjournment date, the judge assured that the matter would be accommodated on Monday despite a busy docket.
Justice Omotosho further cautioned against public misinformation regarding Kanu’s ability to compile his record of appeal.
He criticized comments credited to Aloy Ejimakor, a consultant to Kanu, describing them as “erroneous.”
“The defendant need not be in court to compile his record. His attendance is not required. The rights of a defendant differ from the rights of a convict,” Justice Omotosho clarified, a position affirmed by lawyers present in court.
He stressed the importance of proper legal guidance, warning that lawyers lacking knowledge of appellate procedure should refrain from misleading the public.
Having refused to give audience to Emmanuel, the judge adjourned the matter to December 8 for hearing of the pending application.
In the motion marked FHC/ABJ/CR/383/2015, Kanu argued that his transfer to Sokoto, over 700 kilometres from Abuja,has made it impossible for him to prosecute his appeal, saying that all individuals and resources essential to preparing his appeal, including his relatives and consultants, are in Abuja.
Kanu maintained that his continued detention in Sokoto constitutes an exceptional hardship that threatens his constitutional right to appeal, contrary to Section 36 of the 1999 Constitution.
He urged the court to order his transfer to a custodial facility closer to Abuja in the interest of justice.
Edited by Dada Ahmed.
