A Federal High Court in Abuja on Tuesday dismissed an ex parte application filed by the convicted and proscribed self-acclaimed leader of Indigenous People of Biafra (IPOB), Nnamdi Kanu, requesting to be transferred from the Sokoto Correctional Centre to either the Kuje or Keffi Correctional Centre.
During the court session, Kanu’s counsel, Demdoo Asan, informed the court of his decision to withdraw from the case as a result of irreconcilable differences.
He stated that following the previous adjournment, he maintained regular telephone contact with the applicant’s family members; however, they refused to come to the legal aid’s office to swear to the application, despite repeated calls and assurances that they would do so.
Demdoo further stated that Kanu attempted to direct the course of the proceedings and determine what his lawyer would present before the court.
“He wants to write down what I would say while in court. But, as an officer of the court, I can’t in good faith accept that,” he said, adding that his superiors shared the same opinion after consultations with them.
He added, “As officers of the court, when a matter comes to us, we handle it as we see fit; otherwise, the applicant can find legal help elsewhere.”
Demdoo, therefore, relied on Order 50, Rule 1 of the Federal High Court Rules to officially withdraw from the case.
The presiding judge, Justice James Omotosho, in his verdict, applauded the lawyer for maintaining the integrity of the court and approved his request, along with that of the Legal Aid Council, to withdraw from representing the defendant.
It will be recalled that in December last year, the court refused to grant an ex parte application filed by the convicted IPOB leader, in which he sought to be transferred from the Sokoto Correctional Centre to a correctional facility within the court’s jurisdiction.
It would be recalled that the court had, in December last year, declined to grant a motion ex parte filed by the convicted IPOB leader seeking his transfer from the Sokoto Correctional Center to a custodial facility within the jurisdiction of the Court.
In the ex parte application, Kanu, who was convicted and sentenced to life imprisonment for terrorism-related offences, in his ex parte application, sought an order directing the complainant, the Federal Government, and/or the Nigerian Correctional Service (NCoS) to immediately transfer him from the Sokoto Correctional Facility to a custodial center within the jurisdiction of the court.
He further requested an alternative order to be relocated to facilities closer to the court, such as the Suleja or Keffi Custodial Centers, to enable him effectively pursue his constitutionally guaranteed right of appeal.
However, Justice James Omotosho ruled that the application, which was argued by Demdoo Asan of the Legal Aid Council of Nigeria, could not be granted through an ex parte process. The judge held that the respondents, the Federal Government and the NCoS, must first be put on notice and allowed to respond in the interest of justice before such relief could be considered.
The judge also asked Asan if the prosecution and the NCoS, where the convict is currently kept, ought to be served or not.
“You are from Legal Aid Council counsel? Do you think it is by ex parte motion that this application ought to be granted, having it in mind that judgment was delivered when the two parties were present?
“Also, among the respondents to obey the order is the Correctional Service, and 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?” the judge asked, and Kanu’s lawyer, Asan, admitted that the respondents (prosecution and the NCoS) needed to be put on notice before the matter could be decided judiciously.
“So, do you agree that the respondents should be heard and that this application cannot be taken now?” Justice Omotosho further asked the counsel who agreed that the respondents need to be heard.
“We will be applying that the complainant and other parties involved should be put on notice,” Asan added
Justice Omotosho subsequently directed that the prosecution and the Nigerian Correctional Service be formally served, to offer them the opportunity to respond in the interest of justice. He adjourned the matter until January 27, 2026, to give the applicant time to serve the relevant parties and for the application to be heard.