Justice James Omotosho of 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 (FCT)
The judge 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 to the affidavit in support of the motion.
“Since December 8, 2025, 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 to him how he would 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 struck-out application followed an earlier decision of the same court on December 8, 2025, when Justice Omotosho declined to grant 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.
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