The Federal High Court in Abuja, on Monday, declined to grant an ex parte application filed by the 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 (FCT).
Justice James Omotosho refused the request, stating that Kanu’s application, moved by a Legal Aid Council of Nigeria (LACoN) lawyer, Demdoo Asan, could not be granted through an ex parte motion.
LEADERSHIP recalls that Kanu was convicted of terrorism-related offences on November 20 and sentenced to life imprisonment, a verdict his family has rejected and vowed to appeal.
Following the conviction, he was transferred to the Sokoto Correctional Centre after the court held that the Kuje Custodial Centre in Abuja was not suitable for him.
He subsequently filed a motion asking the court to order his transfer to a custodial centre closer to Abuja, suggesting facilities in Suleja, Niger State, or Keffi in Nasarawa State, to enable him effectively prosecute his appeal.
In the application, Kanu sought an order compelling the Federal Government and the Nigerian Correctional Service to transfer him to a facility within the court’s jurisdiction.
Ruling on the matter, Justice Omotosho held that the respondents, the Federal Government and the Nigerian Correctional Service, must be put on notice and given the opportunity to respond before any order could be made in the interest of justice.
When the matter was called, Asan moved the motion but agreed to strike out Relief One, which sought to “compel” the respondents to act, after the court questioned the propriety of seeking such an order through an ex parte application.
Justice Omotosho stressed that the application ought to have been brought by a motion on notice, noting that the respondents had a right to be heard.
The court also faulted Kanu’s notice of appeal, which was filed and dated November 10, before the judgment was delivered on November 20, declaring that there was no valid notice of appeal before the court.
Asan said the defence would “do the needful” to regularise the processes.
Consequently, the court ordered that the prosecution and the Nigerian Correctional Service be served and adjourned the matter until January 27, 2026, for proper hearing.
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