By Nchetachi Chukwuajah
The Federal High Court in Abuja has fixed December 8 for a hearing in a motion ex parte filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from Sokoto Correctional Facility to a custodial facility within the jurisdiction of the court.
Justice James Omotosho fixed the date on Thursday, December 4, after he declined to give an audience to Kanu’s younger brother, Prince Emmanuel, who announced appearance for the IPOB leader despite not being a lawyer.
In the ex parte motion personally signed by Kanu, he sought an order that, in view of the impossibility of his being present in court or chambers to personally move the motion, “this motion shall be deemed moved in absentia and in terms of the motion.”
Kanu also sought an order compelling the Federal Government and/or the Nigerian Correctional Service (NCoS) “to forthwith transfer him from the Sokoto Correctional facility to a custodial facility within the jurisdiction of this Honourable Court.”
He alternately sought an order transferring him 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.”
Recall that Kanu, who was convicted for terrorism offences on November 20, is presently serving a life imprisonment at the Sokoto State Correctional Centre.
The IPOB leader had sacked his team of lawyers prior to the judgment and had opted to defend himself.
When the case was called on Thursday, Justice Omotosho asked for the appearance of a lawyer, following which Kanu’s younger brother, Emmanuel, who is not a lawyer, announced appearance for the IPOB leader.
The judge then told Emmanuel that such an application cannot be moved by him.
Justice Omotosho said: “This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner.”
The judge, who said only a legal practitioner can move the motion, advised Emmanuel to either engage a lawyer or approach the Legal Aid Council of Nigeria for legal representation since the law allows it.
“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 so. So, get counsel to move the application,” the judge said.
When Emmanuel asked for the next adjourned date, Justice Omotosho said though there were cases on the court docket on Monday, Kanu would be accommodated.
Kanu, while giving eight grounds in the ex parte motion marked: FHC/ABJ/CR/383/2015, said he was convicted and sentenced to life imprisonment by the court, adding that the judge, in sentencing him, ordered his detention in any correctional centre in Nigeria except Kuje Correctional Centre.
He added that his transfer to the correctional facility in Sokoto would make it difficult for him to personally exercise his constitutional right of appeal against the conviction and sentence since he is currently unrepresented by counsel.
The IPOB leader said: “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 requires 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).”
On the remark by one of Kanu’s former counsels, Aloy Ejimakor, that Kanu needs to be in court to compile his record of appeal, Justice Omotosho said that, on the contrary, the convict need not be in court for his record to be compiled.
Justice Omotosho, who advised Emmanuel to engage a knowledgeable lawyer, said that a lawyer who is grossly inadequate in knowledge of appellate procedure should stop misleading the public.
He said, “The issue of appeal, I must not pretend that I am not part of the society. Mr Ejimakor granted an interview, talking about the deprivation of the defendant (Kanu) to compile his record.
“That is an erroneous opinion. The defendant may not be in court to compile a record. His attendance is not required, though the appearance of his representative may be required.
“The rights of a defendant are different from the rights of a convict.”
