The Federal High Court in Abuja has fixed December 8 for the hearing of a motion ex parte filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Centre.
Justice James Omotosho set the date for Thursday after declining to hear the motion due to the applicant’s lack of legal representation.
In the motion personally signed by him, Kanu asked the court to allow the motion to be deemed moved in absentia, citing the impossibility of his physical appearance in court or chambers.
He is seeking an order compelling the Federal Government or the Nigerian Correctional Service to transfer him from the Sokoto Correctional Facility to one within the court’s jurisdiction.
Alternatively, Kanu requested relocation to a nearby custodial centre, such as Suleja or Keffi, to enable him to exercise his constitutional right of appeal effectively.
When the case was called, Kanu’s younger brother, Prince Emmanuel Kanu, announced his appearance on behalf of the IPOB leader. However, the judge declined to hear the motion, noting that Emmanuel was not a legal practitioner.
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” Justice Omotosho ruled.
He advised Emmanuel to either engage a qualified lawyer or seek help from the Legal Aid Council of Nigeria for proper representation, in accordance with legal requirements.
“When I said representation, it is not his (Kanu’s) father, brother, sister or relations I meant. I mean his counsel.
“I am not going to the merit of this application now in the interest of justice.
“But you cannot represent a human being when you are not a lawyer; you can only represent a corporate body.
“Therefore, you cannot move the application because you are not a solicitor or advocate of the Supreme Court of Nigeria.
“For you to be qualified as a lawyer, it will take you another six years or thereabout. So get a counsel to move the application,” the judge said.
When Emmanuel asked for the next adjourned date, Justice Omotosho said that, though there were cases on the court docket on Monday, Kanu would be accommodated.
“Thank you, sir,” Emmanuel responded.
The judge, therefore, cautioned against misleading the public about how Kanu could compile his appeal record.
Justice Omotosho said, contrary to a remark by Aloy Ejimakor, one of Kanu’s lawyers who later became a consultant, the convict need not be in court for his record to be compiled.
“Let me advise generally so that you don’t delay the process.
“The issue of appeal, I must not pretend that I am not part of society.
“Mr Ejimakor granted an interview, talking about the deprivation of the defendant (Kanu) to compile his record.
“That is an erroneous opinion.
“The defendant may not be in court to compile a record.
“His attendance is not required, though the appearance of his representative may be required.
“The rights of a defendant are different from the rights of a convict,” he said.
The judge also asked the lawyers in court whether Kanu must be present before his record can be compiled, and they responded in the negative.
Justice Omotosho, who advised Emmanuel to engage a knowledgeable lawyer, said that a lawyer who is grossly inadequate in knowledge of appellate procedure should stop misleading the public.
“I think it is high time we address the right opinion. Appropriate legal advice is necessary,” he said.
Justice Omotosho consequently refused to give audience to Emmanuel, having not been a lawyer.
The judge adjourned the matter until Dec. 8 for the hearing of the pending application.
Kanu, in his ex parte motion marked FHC/ABJ/CR/383/2015, stated that he was convicted and sentenced to life imprisonment by the court on Nov. 20.
He said the judge, in sentencing him, ordered his detention in any correctional centre in Nigeria except Kuje Correctional Centre.
“On the 21st of November, 2025, the applicant was transferred to and is currently detained at the Sokoto Correctional Facility, which is over 700 kilometres from Abuja.
“The applicant, who is currently unrepresented by counsel, intends to personally exercise his constitutional right of appeal against the conviction and sentence.
“The preparation of the notice of appeal and the record of appeal requires the applicant’s personal interface with the Registry of this Honourable Court and the Court of Appeal in Abuja.
“All persons critical to assisting the applicant in preparing his appeal, including his relatives, associates, and legal consultants, are based in Abuja.
“The applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, occasioning exceptional hardship and potentially defeating the said right, in violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” he said.
Kanu said it would be in the interest of justice that he be transferred to a facility near Abuja to enable him to prosecute his appeal effectively.
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