The Federal High Court in Abuja on Monday declined to grant an ex parte application by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, seeking his transfer from the Sokoto Correctional Centre to a custodial facility closer to the Federal Capital Territory.
Justice James Omotosho ruled that the request could not be granted without hearing from the respondents, the Federal Government and the Nigerian Correctional Service.
“You are from the Legal Aid Council. Do you think it is by ex parte motion that this application ought to be granted?” Omotosho asked Kanu’s lawyer, Demdoo Asan, noting that judgment in the case had been delivered with both parties present.
Kanu was convicted of terrorism-related offences on Nov. 20 and sentenced to life imprisonment, a verdict his family has rejected and said it would appeal.
The court had earlier ordered that he be taken to the Sokoto facility, ruling that the Kuje Custodial Centre in Abuja was unsuitable.
In the ex parte motion, Kanu sought an order compelling authorities to transfer him to a prison closer to Abuja, suggesting Suleja in Niger State or Keffi in Nasarawa State, to enable him “to effectively prosecute his constitutionally guaranteed right of appeal.”
Justice Omotosho questioned the wording of the application, particularly the use of the word “compel,” and asked whether such relief could be granted without notifying the respondents.
Asan agreed that the parties needed to be put on notice, and Relief One of the application was struck out.
“Don’t you think this application should have come by motion on notice?” the judge asked. Asan replied, “Yes, my Lord, they should be heard.”
The judge ordered that the prosecution and the correctional service be served before any further hearing, remarking that “a law school student will know that this application cannot be granted ex parte.”
The court also faulted Kanu’s notice of appeal, which was filed on Nov. 10, before the judgment was delivered on Nov. 20, holding that there was no valid appeal before the court.
The case was adjourned until Jan. 27, 2026.
