The Federal High Court in Abuja has set December 8 for the hearing of a motion ex parte filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra.
Justice James Omotosho fixed the new date on Thursday after refusing to recognize Kanu’s younger brother, Prince Emmanuel, who attempted to stand in for him despite not being a lawyer.
Kanu, who personally signed the motion ex parte, is asking the court to deem the motion moved in his absence due to what he described as the “impossibility” of being physically present in court.
He also seeks an order directing the Federal Government or the Nigerian Correctional Service to transfer him from Sokoto Correctional Facility to a custodial centre within the court’s jurisdiction.
Alternatively, he requests to be relocated to a correctional facility closer to the court, such as Suleja or Keffi, to enable him to effectively pursue his appeal.
According to the News Agency of Nigeria, the IPOB leader was convicted of terrorism-related offences on November 20 and is currently serving a life sentence in the Sokoto State Correctional Centre.
He sacked his legal team before the judgment and has since been representing himself.
During Thursday’s proceedings, the court demanded legal representation for the applicant. Prince Emmanuel, however, announced appearance on behalf of his brother. Justice Omotosho rejected the move.
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” the judge said.
He emphasized that only a certified lawyer could handle such proceedings, advising Emmanuel to secure proper legal representation or approach the Legal Aid Council of Nigeria.
“When I said representation, it is not his (Kanu’s) father, brother, sister or relations I meant. I mean his counsel.
“I am not going to the merit of this application now in the interest of justice.
“But you cannot represent a human being when you are not a lawyer; you can only represent a corporate body.
“Therefore, you cannot move the application because you are not a solicitor or advocate of the Supreme Court of Nigeria.
“For you to be qualified as a lawyer, it will take you another six years or thereabout. So get a counsel to move the application,” Justice Omotosho told him.
When Emmanuel inquired about a new date, the judge assured him that despite the court’s schedule for Monday, the case would be accommodated.
The judge also cautioned against public misinformation concerning Kanu’s access to appeal processes, responding to comments earlier credited to lawyer-turned-consultant, Aloy Ejimakor.
“Let me advise generally so that you don’t delay the process.
“The issue of appeal, I must not pretend that I am not part of society.
“Mr Ejimakor granted an interview, talking about the deprivation of the defendant (Kanu) to compile his record.
“That is an erroneous opinion.
“The defendant may not be in court to compile a record.
“His attendance is not required, though the appearance of his representative may be required.
“The rights of a defendant are different from the rights of a convict,” he said.
The judge again underscored the need for competent counsel, warning that lawyers lacking proper knowledge of appellate procedures should refrain from misleading the public.
“I think it is high time we address the right opinion. Appropriate legal advice is necessary,” he said.
Justice Omotosho ultimately declined Emmanuel’s request to move the application and adjourned the matter to December 8 for hearing.
In the motion, marked FHC/ABJ/CR/383/2015, Kanu listed eight grounds supporting his request for transfer.
He noted that after his conviction, the court ordered that he be held in any Nigerian correctional centre other than the Kuje facility.
“On the 21st of November, 2025, the applicant was transferred to and is currently detained at the Sokoto Correctional Facility, which is over 700 kilometres from Abuja.
“The applicant, who is currently unrepresented by counsel, intends to personally exercise his constitutional right of appeal against the conviction and sentence.
“The preparation of the notice of appeal and the record of appeal requires the applicant’s personal interface with the Registry of this Honourable Court and the Court of Appeal in Abuja.
“All persons critical to assisting the applicant in preparing his appeal, including his relatives, associates, and legal consultants, are based in Abuja.
“The applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, occasioning exceptional hardship and potentially defeating the said right, in violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” Kanu argued.
He insisted that a transfer to a facility near Abuja is necessary “in the interest of justice” to ensure he can properly pursue his appeal.
