By Correspondent in Abuja.
The Federal High Court in Abuja on Monday refused to grant an ex-parte motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking to be transferred from the Sokoto Correctional Centre to another facility.
Kanu, who was convicted on terrorism charges, had asked the court for “an order compelling the complainant (the 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 relocation to a facility within the court’s immediate environs,such as the Suleja or Keffi Custodial Centre,to enable him effectively pursue his constitutionally guaranteed right of appeal.
Justice James Omotosho, however, held that the application,moved by Legal Aid Council of Nigeria (LACON) lawyer, Demdoo Asan,could not be granted via an ex-parte motion.
He ruled that the Federal Government and the NCoS must be put on notice and given an opportunity to respond before any such order could be considered.
Earlier, when the case was called, Asan informed the court that the motion contained two prayers.
But Justice Omotosho drew his attention to Relief One, which sought to “compel” the authorities to transfer Kanu.
When asked whether he wished to proceed with that prayer, Asan agreed that Relief One should be struck out.
The judge also questioned whether the prosecution and the NCoS should be served with the application.
He reminded the lawyer that the judgment in Kanu’s case had been delivered in the presence of all parties, and therefore an ex-parte request for transfer was inappropriate.
“You are from the Legal Aid Council. Do you think such an application ought to be granted ex-parte, especially when judgment was delivered in the presence of both parties? Don’t you think it should come by motion on notice?” the judge asked.
Asan conceded that the respondents must be heard before the matter could be decided and he applied for the court to order that the Federal Government and the NCoS be put on notice.
Justice Omotosho then struck out Relief One and directed that the prosecution and the NCoS be served with the remaining processes so that they could respond in the interest of justice.
“A law school student will know that this application cannot be granted ex-parte,” the judge said.
Asan explained that he was on leave when he was instructed by his superior to take up the matter.
The judge further queried the validity of Kanu’s notice of appeal, pointing out that it was dated November 10,ten days before the judgment delivered on November 20,rendering it incompetent.
With Asan acknowledging the error and promising to take corrective steps, the court adjourned the matter until January 27, 2026, to allow proper service of the motion on the concerned parties.
Justice Omotosho had earlier fixed December 4 for hearing the motion but declined to take representation from Kanu’s younger brother, Prince Emmanuel, who attempted to appear for him despite not being a lawyer.
The court adjourned to allow Kanu secure proper legal representation.
Edited by Dada Ahmed.
