Court dismisses Kanu’s request for prison transfer

 

The Federal High Court in Abuja has struck out an application filed by the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Centre to a custodial facility closer to the Federal Capital Territory.

Justice James Omotosho, on Monday, ruled that the ex parte motion was incompetent and improperly brought before the court.

The application was filed by the Legal Aid Council of Nigeria (LACoN) through its counsel, Demdoo Asan, who also sought the leave of court to withdraw from representing Kanu, citing irreconcilable differences between him and the applicant.

Moving the application, Asan told the court that none of Kanu’s relatives was available to depose to the affidavit in support of the motion, despite repeated efforts to secure their presence.

“Since December 8 till today, I have been in constant communication with Kanu’s relatives for one of them to come and depose to the affidavit, but none has shown up,” he said.

Asan further alleged that Kanu attempted to dictate how the case should be conducted, a development he described as incompatible with his duties as an officer of the court.

“The applicant wants to determine what I will say in court. That is not permissible. After consulting my superiors, I was advised that a defendant cannot direct the conduct of a case,” he added.

Consequently, Asan invoked Order 50 Rule 1 of the Federal High Court Rules and formally withdrew from the matter.

In his ruling, Justice Omotosho granted the application, allowing Asan and the Legal Aid Council to withdraw from representing Kanu.

The judge held that the motion before the court lacked competence and could not be entertained.

“When the matter was brought, it was incompetent. In the interest of justice, I ordered that parties be served, but this was not done,” Justice Omotosho said.

“The motion ex parte is hereby struck out for lacking competence.”

Kanu had earlier approached the court to order his transfer from the Sokoto Correctional Centre to a facility closer to Abuja, suggesting Suleja in Niger State or Keffi in Nasarawa State, to enable him pursue his appeal more effectively.

However, the court noted that the Federal Government and the Nigerian Correctional Service must be put on notice and given the opportunity to be heard, especially as judgment had already been delivered in the matter.

Justice Omotosho also faulted Kanu’s notice of appeal dated November 10, 2025, pointing out that it was filed before judgment was delivered on November 20, rendering it invalid.

Kanu was convicted on terrorism-related charges and sentenced to life imprisonment.