Court turns down Nnamdi Kanu’s transfer request, seeks motion on notice not ex parte
…adjourns case to January 27, 2026
The Abuja Federal High Court on Monday refused to grant the motion ex parte filed by the convicted leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu, who was seeking a transfer from the Sokoto Correctional Facility to a custodial facility within the court’s jurisdiction or its immediate environs.
Justice James Omotosho refused the request, stating that Kanu’s application which was moved by Demdoo Asan, a lawyer from the Legal Aid Council of Nigeria, could not be granted, as the respondents, the Federal Government and the Nigerian Correctional Service (NCoS) ought to have been put on notice to enable their response.
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.
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.
In his motion ex parte, Kanu 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.
The Federal High Court had on Thursday fixed December 8 for the hearing of the motion, as Justice James Omotosho during proceedings refused Emmanuel Kanu’s appearance for his elder brother Nnamdi Kanu on the grounds that he was not a lawyer, thereby asking him to get legal aid.
In his Monday ruling, Justice Omotosho held that the respondents, the Federal Government and the Nigerian Correctional Service ought to be put on notice to enable them respond appropriately in the interest of justice before any order could be made.
The court also queried whether an ex parte motion was the appropriate means by which the transfer should be granted or through a motion on notice which would allow the respondents or other parties to respond.
Addressing Asan, Justice Omotosho queried: “You are from the Legal Aid Council. Do you think it is by ex parte motion that this application ought to be granted, bearing in mind that judgment was delivered when both parties were present?
“Also, among the respondents to obey the order is the correctional service. Do you think it is through an ex parte motion that the court can make the order for his transfer? Don’t you think this application should have come by motion on notice?”
Admitting that the respondents needed to be put on notice before the matter could be determined, Asan said: “My Lord, the respondents have the right to be heard. Usually, the court can make an order that they should be put on notice.”
“So, do you agree that the respondents should be heard and that this application cannot be taken now?” the judge asked.
“Yes, my Lord, they should be heard. We will be applying that the complainant and other parties involved should be put on notice,” Asan responded.
The court also faulted the notice of appeal filed by Kanu, which was submitted before the delivery of the November 20 judgement, wherein the IPOB leader was convicted.
Considering that the notice of appeal was dated November 10, justice Omotosho held that there was no valid notice of appeal before the court.
The case was adjourned to January 27, 2026, to enable the applicant serve the relevant parties in the appeal.
