The Federal High Court in Abuja has dismissed the request by the secessionist leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu, for transfer from Sokoto Correctional Facility to a prison closer to the Federal Capital Territory (FCT).
The court ordered that Kanu must convert the application into a motion on notice and serve it on all parties before the matter can be heard.
Naijaonpoint reports that Kanu, through the Legal Aid Council, filed an ex parte application, urging the court to move him from Sokoto prison to either Kuje Prison (FCT) or Keffi Custodial Centre in Nasarawa State.
He argued that a transfer was necessary “for the purpose of enabling the applicant to effectively prosecute his constitutionally guaranteed right of appeal.”
His pleadings sought a court order compelling the Nigerian Correctional Service (NCoS) and/or the Federal Government to “forthwith transfer him … to a custodial facility within the jurisdiction of this Honourable Court.”
On Monday, December 8, Justice James Omotosho denied the ex parte application, stating that the interest of justice required the matter to be heard by all parties. Rather than grant the request, the judge ordered that Kanu re‑file the application as a motion on notice and serve it on the relevant authorities.
The judge subsequently scheduled January 27, 2026, for the hearing of the motion on notice.
Legal observers say this move aligns with standard procedure: while ex parte motions may be used in urgent or exceptional cases, they are granted sparingly, particularly in matters where the decision would affect another party.
Last week, Justice Omotosho had declined to accept the appearance of Kanu’s younger brother, Prince Emmanuel Kanu, as representative of the IPOB leader, because Prince Emmanuel is not a lawyer.
Faced with this ruling, the court’s fresh demand for a motion on notice underscores its insistence that all procedural safeguards, including proper representation and hearing of all sides, be respected before any order is made.
Kanu now has to re‑file his request through a motion on notice and notify the government and NCoS. Once served, the parties will be given the opportunity to respond before the court considers whether the transfer should be granted.
For now, he remains at the Sokoto Correctional Facility.
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