The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, recently sentenced to life imprisonment, has filed a fresh motion before the Federal High Court in Abuja, seeking his transfer from Sokoto Custodial Centre.
Kanu, in a motion ex parte personally signed, argued that his detention in Sokoto would hinder his ability to effectively pursue an appeal against his conviction and sentence.
The motion was filed on Thursday by Prince Emmanuel Kanu, his younger brother, on his behalf. It requests the court to hear the application in Kanu’s absence, citing the impracticality of his personal appearance due to the distance from Abuja.
In the ex parte application, marked FHC/ABJ/CR/383/2015, Kanu raised eight grounds, emphasizing that he was convicted on November 20, 2025, on seven counts of terrorism charges brought by the federal government.
He noted that while the court directed his detention in any correctional facility except Kuje Correctional Centre, he was instead transferred to Sokoto Correctional Facility on November 21 — over 700 kilometres from the capital.
Kanu, currently without legal representation, stated his intention to personally exercise his constitutional right to appeal the conviction and sentence.
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“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),” he added.
Kanu maintained that it would be in the interest of justice for him to be transferred to a facility near Abuja to enable him to effectively prosecute his appeal.
Consequently, he prayed the court for an order to compel 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.
In the alternative, he 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.”
Meanwhile, when the matter was called, trial Justice James Omotosho declined to grant audience to Kanu’s brother, Emmanuel, who announced his appearance on behalf of the IPOB leader.
Justice Omotosho told Kanu’s brother that he could not move such application since he is not a lawyer.
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” the trial judge insisted.
He implored the applicant to engage a legal practitioner 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 thereabout. So get a counsel to move the application,” the judge added.
Taking the hint of the court, Emmanuel requested for a hearing date.
Before he adjourned the motion till December 8, Justice Omotosho cautioned against what he described as attempt to mislead the public on Kanu’s case.
He observed that one of Kanu’s former legal representative, Mr. Aloy Ejimakor, who later became his consultant, insinuated that Kanu could not compile his record of appear owing to where he is currently kept.
Justice Omotosho held contrary to Ejimakor’s claim, the convict does not need to be in court for the record to be compiled.
“Let me advise generally so that you don’t delay the process.
“The issue of appeal, I must not pretend that I am not part of 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,” the judge added.
