The Federal High Court in Abuja has thrown out an application by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), that he be transferred from the Sokoto Correctional Centre to a custodial facility in the Federal Capital Territory or neighbouring Nasarawa State.
Applying on behalf of Kanu, a lawyer from the Legal Aid Council of Nigeria (LACON), had approached the court with an ex parte motion to demand an order for the Federal Government or the Nigerian Correctional Service (NCoS) to immediately move him to either the Kuje Custodial Centre in Abuja or the Keffi Custodial Centre in Nasarawa.
In the alternative, he requested a transfer to any custodial facility within the court’s jurisdiction, including Suleja or Keffi, to enable him to effectively pursue his pending appeal.
However, Justice James Omotosho declined the request on Monday, ruling that the application could not be granted without first hearing from the Federal Government and the NCoS.
The judge emphasised that the respondents must be put on notice before any order can be issued.
Kanu’s application was moved by Demdoo Asan, a lawyer from the Legal Aid Council.
While reviewing the reliefs sought, Justice Omotosho queried the inclusion of the word “compel” in the first prayer, which sought to direct the Federal Government and NCoS to immediately transfer Kanu.
Asan conceded and agreed that the relief should be struck out, leading the court to formally remove it from the motion.
The judge further questioned the propriety of bringing the matter by ex parte motion, stressing that the nature of the request required the input of all affected parties.
“A law school student will know that this application cannot be granted ex parte”, Justice Omotosho remarked, insisting that due process must be observed.
During proceedings, the court also examined Kanu’s notice of appeal, which formed the basis of the application.
After inspecting the court file, the judge discovered that the notice of appeal was dated November 10, filed ten days before the judgement delivered on November 20.
Justice Omotosho stated that, as a result, there was no valid appeal before the court.
Asan, who explained that he was called from leave by a superior to urgently take up Kanu’s case, acknowledged the court’s concerns and agreed that the prosecution and the NCoS must be served and heard before the application could be determined.
Following the submissions, the court ordered the applicant to convert the ex parte motion into a motion on notice and serve all respondents accordingly. The matter was subsequently adjourned to January 27, 2026, for hearing.
