Court Rejects Nnamdi Kanu’s Ex Parte Request for Transfer, Orders FG and NCoS to Be Served
The Abuja Division of the Federal High Court on Monday refused to grant an ex parte motion filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), who is seeking to be moved from the Sokoto Correctional Facility to a custodial centre closer to Abuja.
Kanu, who was earlier convicted on terrorism-related charges, is asking the court for “an order directing the complainant (the federal government) and/or the Nigerian Correctional Service (NCoS) to immediately transfer him from the Sokoto facility to a custodial centre within the jurisdiction of this Honourable Court.”
In an alternative request, he asked for an order relocating him to “the immediate environs of the court, such as Suleja or Keffi Custodial Centre, to enable the applicant prosecute his constitutionally guaranteed right of appeal.”
PulseNets learnt that Justice James Omotosho ruled that the reliefs being sought could not be granted via an ex parte motion. According to the judge, the federal government and the NCoS must first be notified and given an opportunity to respond before any transfer order can be considered.
When the matter was called, Demdoo Asan of the Legal Aid Council of Nigeria (LACON) appeared for Kanu and confirmed that the motion contained two principal prayers. Justice Omotosho immediately drew his attention to the first relief seeking an order “compelling” the government and the NCoS to transfer the IPOB leader.
The judge questioned the propriety of making such a demand through an ex parte procedure.
“Counsel, is it your intention that this court issues a compelling order against the federal government and the correctional service without hearing from them?” he asked.
Mr Asan conceded and agreed that the first relief be struck out.
Justice Omotosho further queried the decision to file the application without serving the respondents.
“Do you believe this type of request can be granted ex parte, given that judgment was delivered with both parties present, and the correctional service is a critical party to any transfer order?” the judge asked.
Responding, Asan told PulseNets he acknowledged that the respondents must be put on notice.
“My lord, they have the right to be heard, and we agree that they should be served accordingly,” he said.
The judge then struck out the first relief and ordered that the federal government and the NCoS be served with the motion so they could respond in the interest of justice.
Mr Asan informed the court that he had been on leave when he was urgently contacted by a superior officer to handle the matter, adding to the confusion surrounding the filings. Justice Omotosho also pointed out a fundamental flaw in Kanu’s notice of appeal, which was filed before the judgment delivered on November 20.
The judge asked for the date on the appeal. Asan, after reviewing the document shown to him by the registrar, confirmed, “My lord, this notice of appeal is dated November 10 — that is before the judgment.”
Justice Omotosho ruled that no valid notice of appeal was before him, noting that the defective filing could not support the application Kanu relied on.
Asan said they would “take the appropriate steps” to correct the issues.
Also Read: Federal High Court Jails Nnamdi Kanu for Life as Justice Omotosho Condemns “Grave Actions”
The matter was adjourned to January 27, 2026, to allow all parties to be properly served and for the application to be heard.
PulseNets earlier reported that the court had fixed December 8 for hearing the ex parte motion after declining to recognise Kanu’s younger brother, Prince Emmanuel, who attempted to appear for the IPOB leader despite not being a lawyer. The judge directed Kanu to secure proper legal representation before the motion could proceed.
