The Federal High Court in Abuja declined to grant an ex parte motion filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on Monday.
The court ruled that both the Federal Government and the Nigerian Correctional Service (NCoS) should be notified and given the opportunity to respond before any decision is made.
Kanu, who has been convicted on terrorism charges, is requesting an order to compel the Federal Government and/or the NCoS to transfer him from the Sokoto Correctional Facility to a custodial center within the jurisdiction of the Abuja court.
His argument is based on the more than 700-kilometer distance between Sokoto and Abuja, which he claims makes it nearly impossible for him to prepare and file his appeal effectively.
Justice James Omotosho ruled that Kanu’s request, presented by Demdoo Asan of the Legal Aid Council of Nigeria (LACON), could not be determined through an ex parte application.
Justice Omotosho noted that the first request sought an order to “compel” the Federal Government and the NCoS to transfer Kanu.
He questioned whether such a request could be made ex parte, as it required action from the respondents. Asan agreed that the first request should be struck out.
The judge then inquired whether the prosecution and the NCoS, where Kanu is currently held, should be served with the application. “You are from the Legal Aid Council.Do you think this application should be granted ex parte, considering that the judgment was delivered when both parties were present?
One of the respondents is the correctional service. Can an order directing them to transfer the convict be made without hearing from them?
Shouldn’t this application come by motion on notice?” the judge asked. Asan acknowledged that the respondents needed to be heard, explaining, “My lord, the respondents have the right to be heard.
The court can direct that they be put on notice.”
The judge remarked, “A law school student will know that this application cannot be granted ex parte.” Asan noted that he had been on leave when instructed to appear.
Justice Omotosho struck out the primary request for immediate transfer in the interest of justice, stating that such an order could not be issued without first hearing from the Federal Government (the complainant) and the Nigerian Correctional Service (NCoS).
He directed Kanu to convert the application into a motion on notice and to serve the respondents for their responses.
The court adjourned the matter to January 27, 2026, for a full hearing on the motion.
This follows an earlier adjournment on December 4, 2025, when the judge refused to allow Kanu’s non-lawyer brother, Prince Emmanuel Kanu, to represent him.
Administrator and Writer
