Justice James Omotosho rejects Nnamdi Kanu’s ex parte request for a transfer from the Sokoto Correctional Centre.
The Federal High Court in Abuja on Monday declined an ex parte application filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking his transfer from the Sokoto Correctional Centre to a custodial facility closer to the Federal Capital Territory.
Justice James Omotosho dismissed the request after Kanu’s counsel from the Legal Aid Council of Nigeria, Demdoo Asan, moved the application asking the court to compel authorities to relocate the IPOB leader to Suleja (Niger State) or Keffi (Nasarawa State) to aid the prosecution of his appeal.
The judge held that such a request could not be granted through an ex parte motion.
According to the filing, Kanu sought “an order compelling the complainant (Federal Government) and/or the Nigerian Correctional Service to forthwith transfer him from the Sokoto Correctional Facility to a custodial facility within the jurisdiction of this Honourable Court.”
He also asked for “an order transferring him to the court’s immediate environs, such as the Suleja or the Keffi Custodial Centre.”
Kanu was convicted of terrorism-related offences on November 20 and sentenced to life imprisonment, a verdict his family has rejected and vowed to challenge. He was moved to Sokoto after the court ruled that the Kuje Custodial Centre in Abuja was unsuitable for him.
Justice Omotosho, who had earlier refused to recognise Kanu’s younger brother, Prince Emmanuel, when he attempted to represent him on December 4, insisted on Monday that the Federal Government and the Nigerian Correctional Service must be put on notice before any order can be made.
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Addressing Asan, the judge questioned why the application was filed ex parte when the respondents were entitled to be heard.
“Do you think it is by ex parte motion that this application ought to be granted, bearing in mind that judgment was delivered when both parties were present?” he asked.
He further added: “A law school student will know that this application cannot be granted ex parte.”
Faced with the queries, Asan conceded that the respondents must be notified. “My Lord, the respondents have the right to be heard,” he said.
The judge subsequently struck out Relief One , which sought to compel the government to transfer Kanu ,and ordered that the prosecution and the Nigerian Correctional Service be served with the application to enable them respond.
The court also faulted the notice of appeal filed on behalf of Kanu after discovering it was dated November 10, 10 days before the judgment. Justice Omotosho held that the premature filing meant “there was no valid notice of appeal before the court.”
Asan attributed the missteps to directives he received while on leave and assured the court that the defence would “do the needful.”
The matter was adjourned to January 27, 2026, for hearing after proper service on the relevant parties.
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