The Federal High Court in Abuja has refused to hear an ex parte application filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an immediate transfer from the Sokoto Correctional Facility.
Kanu, who is currently serving a conviction for terrorism-related offences, had asked the court to compel the Federal Government and the Nigerian Correctional Service (NCoS) to move him to a custodial centre within the court’s jurisdiction. In an alternative request, he sought relocation to facilities close to Abuja, such as Suleja or Keffi, to enable him pursue his appeal more effectively.
The application was moved by his counsel from the Legal Aid Council of Nigeria, Demdoo Asan. However, Justice James Omotosho ruled that such a request could not be granted through an ex parte motion without giving the affected parties the opportunity to be heard.
The judge stressed that both the Federal Government and the NCoS must be formally notified before any order for transfer can be considered. He described it as improper to attempt to “compel” the respondents through a one-sided application. Following this, Relief One in the application was struck out with the consent of Kanu’s lawyer.
Justice Omotosho further questioned the legality of the application, noting that the respondents were parties expected to obey the order and must therefore be served. Asan agreed, admitting that the prosecution and the correctional authorities had the right to respond before any decision could be reached.
The court also raised issues with Kanu’s notice of appeal, after it was discovered that the document was dated November 10, which was before the judgement of November 20. The judge ruled that, in effect, there was no valid notice of appeal before the court. Kanu’s lawyer said the legal team would take steps to correct the situation.
The matter was adjourned to January 27, 2026, to allow proper service of court processes on the relevant parties and for the application to be properly heard.
It would be recalled that the court had earlier declined to entertain Kanu’s younger brother, Prince Emmanuel, who attempted to represent him despite not being a legal practitioner. The adjournment was granted at the time to allow Kanu secure proper legal representation.
