Court rejects Nnamdi Kanu’s transfer request from Sokoto Prison

The Federal High Court in Abuja has refused to entertain an ex parte application filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking his transfer from the Sokoto Correctional Facility to a custodial centre closer to the court

Kanu, who is currently serving a terrorism-related conviction, had asked the court to order the Federal Government and the Nigerian Correctional Service (NCoS) to move him either to Any facility within the court’s jurisdiction or to nearby centres such as Suleja or Keffi. According to his application, the move was necessary to help him effectively pursue his appeal.

Justice James Omotosho, however, ruled that the request could not be granted without first hearing from the other parties involved. The motion was moved by a Legal Aid Council lawyer, Demdoo Asan.

During proceedings, the judge questioned the legality of asking for such a far-reaching order through an ex parte process. “Do you think it is by ex parte motion that this application ought to be granted, having it in mind that judgement was delivered when the two parties were present?” the court asked. “Among the respondents to obey the order is the correctional service, and you think it is through an ex parte motion that the court can make the order for his transfer?”

Following the court’s observation, Asan agreed that the application ought to be brought on notice so the prosecution and the NCoS could respond. As a result, the first relief in the application, which sought to “compel” Kanu’s transfer, was struck out.

“Yes, my lord, they should be heard. We will be applying that the complainant and other parties involved should be put on notice,” the defence counsel stated.

Justice Omotosho also criticised the notice of appeal relied upon by Kanu in filing the application. On reviewing the court file, it was discovered that the notice of appeal was dated November 10 — ten days before judgement was delivered on November 20. Based on this, the judge ruled that there was effectively no valid notice of appeal before the court.

“As a lawyer coming in new, I expect you know the law. What date is that?” the judge queried during the session. When Asan confirmed the earlier date, the court noted that the appeal could not stand.

The judge further remarked that even a law student would know that such an application could not be granted through an ex parte process.

Although Asan explained that he had only taken over the brief while on leave at the request of a superior officer, the court maintained its position and adjourned the case to January 27, 2026. The adjournment is to allow proper service of the application on the Federal Government and the Nigerian Correctional Service.

The matter had earlier been stalled when Kanu’s brother attempted to represent him in court despite not being a legal practitioner, prompting the judge to insist that a qualified lawyer must handle the case.

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