The Federal High Court in Abuja has declined an application by the detained leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Centre to a custodial facility closer to the Federal Capital Territory.
Justice James Omotosho refused the request on Monday, ruling that the application could not be granted through an ex parte motion without hearing from the Federal Government and the Nigerian Correctional Service.
Kanu, who was convicted of terrorism-related offences on November 20 and sentenced to life imprisonment, was moved to the Sokoto Correctional Centre after the court held that the Kuje Custodial Centre in Abuja was unsuitable for him.
Through his counsel from the Legal Aid Council of Nigeria, Demdoo Asan, Kanu had asked the court to order his transfer to a prison closer to Abuja, suggesting Suleja in Niger State or the Keffi Custodial Centre in Nasarawa State, to allow him effectively pursue his appeal.
In the motion, Kanu sought “an order compelling the Federal Government and the Nigerian Correctional Service to forthwith transfer the applicant from the Sokoto Correctional Facility to a custodial centre within the jurisdiction of this Honourable Court.”
Delivering his ruling, Justice Omotosho held that the respondents must be given the opportunity to respond before the court could make such an order.
“The respondents ought to be put on notice and heard in the interest of justice before any decision can be taken,” the judge said.
When the matter was called, the court questioned the propriety of seeking a compulsory order through an ex parte application.
“Do you think it is by ex parte motion that this court can compel the Federal Government and the Correctional Service to transfer a convict?” the judge asked.
In response, Asan admitted that the application ought to be brought by motion on notice and agreed that one of the reliefs should be struck out.
“Yes, my Lord, the respondents have a right to be heard. They should be put on notice,” the lawyer said.
Consequently, Justice Omotosho struck out the relief seeking to compel Kanu’s transfer and ordered that the Federal Government and the NCoS be formally served with the application.
“A law school student will know that this application cannot be granted ex parte,” the judge remarked.
The court also faulted Kanu’s notice of appeal, which was filed before the delivery of judgment.
“This notice of appeal is dated November 10, which was before the judgment of November 20,” Asan confirmed after being prompted to check the court file.
The judge held that there was no competent notice of appeal before the court, given the timing of the filing.
Asan told the court that the defence would “do the needful.”
The matter was adjourned to January 27, 2026, to enable the applicant to serve the necessary parties and for the application to be properly heard.
