Court Rejects Nnamdi Kanu’s Ex Parte Bid For Transfer From Sokoto Prison
The Federal High Court in Abuja has refused to consider an application filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an immediate transfer from the Sokoto Correctional Facility to a custodial centre closer to the court. Kanu had approached the court through an ex parte motion, asking that he be moved either to Suleja or Keffi custodial centres to enable him pursue his appeal more effectively. The application was brought by a lawyer from the Legal Aid Council of Nigeria, Demdoo Asan. However, Justice James Omotosho ruled that such a request could not be granted without hearing from the respondents — the Federal Government and the Nigerian Correctional Service (NCoS). The judge held that since the order sought would directly affect the agencies, they must first be properly notified and given the opportunity to respond. While reviewing the application, the judge specifically questioned the use of the word “compel” in the relief seeking to force the government and the correctional service to transfer Kanu. Following this, the lawyer agreed to withdraw that part of the request, and the court formally struck it out. Justice Omotosho also queried why the application was brought as an ex parte motion when judgment in the matter had earlier been delivered in the presence of both parties. The judge stressed that even a law school student should know such an application must be brought on notice. Asan admitted that the respondents ought to be served and heard before any decision could be made. He explained that he had only just taken over the case on instruction from his superiors while he was on leave. The court further discovered that Kanu’s notice of appeal was filed on November 10, before the judgment was delivered on November 20, making it ineffective. Based on this, Justice Omotosho held that there was no valid notice of appeal before the court. The case was subsequently adjourned to January 27, 2026, to allow Kanu to properly serve the relevant parties and regularise his application.