Court Declines Kanu’s Request to Transfer Prison
The Abuja Division of the Federal High Court on Monday refused a motion ex parte filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking to compel his transfer from Sokoto Correctional Facility to a location closer to the court.
Kanu, convicted of terrorism offences, had asked the court to order the Nigerian Correctional Service (NCoS) and the federal government to move him to a facility within the court’s jurisdiction, or alternatively to Suleja or Keffi Custodial Centres, to facilitate his appeal.
Justice James Omotosho, ruling on the motion moved by Legal Aid Council of Nigeria (LACON) lawyer Demdoo Asan, said the request could not be granted ex parte, stressing that the respondents must be put on notice to respond in the interest of justice.
When the matter was called, Asan announced appearance for Kanu. Moving the motion, he said the application sought two prayers.
Justice Omotosho then called attention to Relief One, which sought an order “compelling” the federal government and NCoS to transfer the convict to a correctional facility that is close to the jurisdiction of the court.
The judge asked the lawyer if he wanted to go by the relief, especially with respect to the word “compel” used in the motion ex parte, and Asan agreed that Relief One should be struck out.
The judge also asked whether the prosecution and the NCoS, where the convict is currently being kept, ought to be served.
“You are from Legal Aid Council counsel? Do you think it is by ex parte motion that this application ought to be granted, having it in mind that judgment was delivered when the two parties were present?
“Also, 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? Don’t you think this application should have come by motion on notice?” the judge said.
Responding, Asan admitted that the respondents needed to be put on notice before the matter could be decided judiciously. “My lord, the respondents have the right to be heard. Usually, the court can make an order that they should be put on notice,” he said.
“So, do you agree that the respondents should be heard and that this application cannot be taken now?” Justice Omotosho asked further.
“Yes, my lord, they should be heard. We will be applying that the complainant and other parties involved should be put on notice,” Asan applied.
Justice Omotosho therefore struck out Relief One in Kanu’s motion and ordered that the prosecution and the NCoS be served for them to respond in the interest of justice.
Asan also explained that he was on leave when he was called by his superior officer to take up Kanu’s matter.
The judge further faulted Kanu’s notice of appeal, which was filed before the 20 November judgment. “Counsel, do you have your notice of appeal?” Justice Omotosho asked.
Responding, Asan restated that he was only instructed to take up the brief.
The judge then directed the court registrar to show the lawyer the notice of appeal filed by Kanu from the court file upon which the convict based his application. Justice Omotosho then asked Asan to read out the date the notice of appeal was filed.
“This notice of appeal is dated the 10th of November, my lord; that was before the judgment,” Asan responded.
Justice Omotosho therefore said that based on the judgment delivered on 20 November, there was no notice of appeal before him. The lawyer then said they would do the needful.
The judge consequently adjourned the case until 27 January 2026, to enable Kanu to serve the necessary parties and for the application to be taken.
Justice Omotosho had on December 4, fixed Monday, December 8, for the hearing of the motion ex parte after the court declined to give audience to Kanu’s younger brother, Prince Emmanuel, who announced his appearance for the IPOB leader despite not being a lawyer.
The judge adjourned to enable the applicant to engage a lawyer to represent him in court.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
