BREAKING: Court Strikes Out Kanu’s Bid To Leave Sokoto Prison

The Federal High Court in Abuja has struck out an ex parte application filed by the convicted leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Centre to a custodial facility closer to the Federal Capital Territory.

Justice James Omotosho struck out the motion on Monday, ruling that the application was incompetent and improperly brought before the court.

The application was filed by the Legal Aid Council of Nigeria (LACoN) through its lawyer, Demdoo Asan, who also sought leave of court to withdraw from representing Kanu, citing irreconcilable differences with the applicant.

Moving the application, Asan told the court that despite repeated efforts, none of Kanu’s relatives showed up to depose the affidavit in support of the motion.

“Since the 8th of December till today, I have been in phone conversations with Kanu’s relatives for one of them to come to our office to depose to the affidavit, but they have not shown up,” Asan said.

He further alleged that Kanu was attempting to dictate for him how he will conduct the case, a situation he said was incompatible with his duties as an officer of the court.

“The applicant wants to dictate the tune of the matter. He wants to write what I will say while in court. However, I cannot do that as an officer of the court,” Asan said, adding that after consulting his superiors, he was advised that a defendant could not direct how a case should be conducted.

Asan subsequently invoked Order 50 Rule 1 of the Federal High Court Rules to formally withdraw from the matter.

In his ruling, Justice Omotosho granted leave to Asan and the Legal Aid Council to withdraw from representing Kanu.

“When the matter was brought, it was an incompetent suit. However, in the interest of justice, I ordered that parties be served, but this has not been done,” Justice Omotosho said.

“The motion ex parte is struck out for lacking competence,” he ruled.

The application followed an earlier decision of the same court on December 8, 2025 to decline Kanu’s request to be transferred from the Sokoto Correctional Centre by way of an ex parte motion.

Kanu, who was convicted on terrorism-related charges on November 20, 2025, and sentenced to life imprisonment, had asked the court to order his transfer to a custodial centre closer to Abuja, specifically suggesting Suleja in Niger State or Keffi in Nasarawa State.

He argued that the transfer was necessary to enable him to effectively appeal his conviction.

However, Justice Omotosho held that the Federal Government and the Nigerian Correctional Service (NCoS) ought to be put on notice and heard before any such order could be made.

The judge faulted the use of an ex parte application, noting that judgment had already been delivered in the presence of all parties.

“A law school student will know that this application cannot be granted ex parte,” the judge said at the time.

The court also found that Kanu’s notice of appeal, dated November 10, 2025, was filed before judgment was delivered on November 20, rendering it invalid.

Justice Omotosho had adjourned the matter to January 27, 2026, to allow proper service of the application on the relevant parties.