Court to hear Kanu’s transfer appeal December 8, advises brother to seek legal aid
The Federal High Court in Abuja has fixed December 8 for the hearing of a motion ex parte filed by the convicted leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu, who is seeking a transfer from the Sokoto Correctional Facility to a custodial facility within the court’s jurisdiction or its immediate environs.
Kanu was sentenced to life imprisonment on November 20, after being convicted of all seven counts of terrorism charges levelled against him by the Federal Government.
Justice James Omotosho in his judgement had gone for the life imprisonment option instead of the death penalty on counts one, four, five, and six, while also handing Kanu a 20-year and 5-year jail term on counts two and seven respectively.
The court had expressed concern for Kanu’s safety, noting that the Kuje Correctional Facility might not be suitable for him due to previous prison breaks in the facility, thereby moving the IPOB leader to the Sokoto Correctional Facility.
Justice James Omotosho during Thursday’s proceedings refused Emmanuel Kanu’s appearance for his elder brother Nnamdi Kanu, while fixing Monday December 8 for the hearing.
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner. When I said representation, it is not his (Kanu’s) father, brother, sister or relations I meant. I mean his counsel.
“I am not going to the merit of this application now in the interest of justice, but you cannot represent a human being when you are not a lawyer; you can only represent a corporate body. Therefore, you cannot move the application because you are not a solicitor or advocate of the Supreme Court of Nigeria.
“For you to be qualified as a lawyer, it will take you another six years or thereabout. So, get a counsel to move the application,” the judge said, adding that though there were cases on the docket on Monday, Kanu’s would be accommodated.
Justice Omotosho further cleared the air on the issue of the compilation of Kanu’s appeal record, stating that contrary to a remark by one of Kanu’s disengaged lawyers Aloy Ejimaka who later became his consultant, the now convicted IPOB leader did not need to be in court for his record to be compiled.
He noted that any lawyer who is inadequate in appellate procedure should stop misleading the public, while advising Emmanuel to engage the services of a legal counsel. “I think it is high time we addressed the right opinion. Appropriate legal advice is necessary,” he stated.
Kanu in his motion ex parte is seeking an order that his motion be deemed moved in absentia and in terms of application, considering his inability to be present in court to move it personally.
He also sought an order compelling the Federal Government and/or the Nigerian Correctional Service “to forthwith transfer him from the Sokoto Correctional Facility to a custodial facility within the jurisdiction of this Honourable Court” or a transfer to the court’s “immediate environs, such as the Suleja or the Keffi Custodial Centre, for the purpose of enabling the applicant to effectively prosecute his constitutionally guaranteed right of appeal.”
The IPOB leader stated that he was sentenced to life imprisonment on November 20, with the judge ordering his detention in any correctional centre in Nigeria except Kuje, adding that in the interest of justice, he should be transferred to a facility near Abuja to enable him prosecute his appeal effectively.
“On the 21st of November, 2025, the applicant was transferred to and is currently detained at the Sokoto Correctional Facility, which is over 700 kilometres from Abuja. The applicant, who is currently unrepresented by counsel, intends to personally exercise his constitutional right of appeal against the conviction and sentence.
“The preparation of the notice of appeal and the record of appeal require the applicant’s personal interface with the Registry of this Honourable Court and the Court of Appeal in Abuja. All persons critical to assisting the applicant in preparing his appeal, including his relatives, associates, and legal consultants, are based in Abuja.
“The applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, occasioning exceptional hardship and potentially defeating the said right, in violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” Kanu said.
