A Federal High Court sitting in Abuja on Tuesday struck out an ex-parte motion filed by the convicted leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Centre to either Kuje or Keffi Correctional Centre.
At the proceedings on Tuesday, Kanu’s legal representative, Demdoo Asan, a senior legal officer with the Legal Aid Council of Nigeria, announced his withdrawal from the matter, citing irreconcilable issues.
He explained that since the last adjourned date, he had been in constant phone communication with the relatives of the applicant but that the relatives did not show up at the Legal Aid office to depose to the application, despite phone calls and promises to appear.
Demdoo added that Kanu sought to dictate the proceedings and control what counsel would say in 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 and added that, after consulting with his superiors, they shared the same sentiment.
“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 said and then invoked Order 50, Rule 1 of the Federal High Court Rules to formally withdraw from the matter.
In his ruling, the trial judge, Justice James Omotosho commended the counsel for upholding the dignity of the court and granted him and the Legal Aid Council leave to withdraw from representing the defendant.
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 motion, Kanu, who was convicted and sentenced to life imprisonment for terrorism offences wants an order compelling the complainant (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 the Court.
Alternatively, he seeks 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 (Kanu) to effectively prosecute his constitutionally guaranteed right of appeal.”
Justice James Omotosho however held that Kanu’s application, moved by a lawyer from the Legal Aid Council of Nigeria, Demdoo Asan, cannot be granted through ex-parte motion and that, the respondents, the Federal Government and NCoS, ought to be put on notice for them to respond appropriately in the interest of justice, before the request could be granted.
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 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 then ordered that the prosecution and the NCoS be served for them to respond in the interest of justice and consequently adjourned the case till January 27, 2026, to enable the applicant to serve the necessary parties and for the application to be taken.
He noted on Tuesday that, since the last court sitting on December 8, 2025, there was no proof of service before the court and thereafter ordered that the ex parte motion be struck out for lacking competence.
Credit: Nigerian Tribune