Nnamdi Kanu, the leader of the banned Indigenous People of Biafra, filed a motion ex parte to be relocated from the Sokoto Correctional Facility. The Federal High Court in Abuja scheduled the hearing for December 8.
On November 20, 2025, Kanu was found guilty of all seven counts of terrorist charges that the Federal Government had sought against him. He was given a life sentence.
Kanu was moved to the Sokoto Correctional Facility after receiving his sentence because the court was concerned about his safety and noted that the Kuje Correctional Facility might not be appropriate for him because of prior jail breaches that had been documented there.
Kanu chose to defend himself and cut ties with his legal team before to the verdict.
He was informed by Justice Omotosho that he was unable to move such an application.
Justice Omotosho declared, “You are not a lawyer, so you cannot move this ex parte motion on the convict’s behalf.”
Emmanuel was instructed to either hire a lawyer or seek assistance from the Legal Aid Council of Nigeria by the court, who insisted that only a professional could make the motion.
“I did not mean his (Kanu’s) father, brother, sister, or relatives when I said representation.” I refer to his advice.
“In the interest of fairness, I won’t discuss the merits of this application right now, but you can only represent a corporate entity if you are not a lawyer. You cannot represent a human being.
Since you are not a lawyer nor a solicitor of the Nigerian Supreme Court, you are unable to move the application.
It will take you an additional six years or more to become qualified as a lawyer. Thus, hire legal counsel to forward the application, the judge stated.
Justice Omotosho stated that Kanu will be accommodated even if there were matters on the docket on Monday when Emmanuel asked for the next postponement date.
Emmanuel said, “Thank you, sir.”
The judge advised against deceiving the public about Kanu’s method of compiling his appeal record.
Contrary to a statement made by Aloy Ejimakor, one of Kanu’s previous attorneys who was later hired as a consultant, Justice Omotosho stated that the convict did not have to be in court in order for his record to be completed.
“Let me give you general advice so that the process doesn’t become delayed. Regarding the appeal, I can’t act as though I don’t belong to society. In order to create his record, Mr. Ejimakor allowed an interview in which he discussed the defendant’s (Kanu) deprivation. That’s a false belief. To create a record, the defendant might not be present in court.
“His presence is not necessary, but his representative’s presence might be. Justice Omotosho pointed out that a defendant’s rights differ from those of a convicted person.
Additionally, when Justice Omotosho asked the attorneys in attendance if Kanu’s participation was necessary before his record could be assembled, they said that it wasn’t.
The judge advised Emmanuel once more to choose an experienced attorney, adding that any attorney who is egregiously deficient in appellate procedure ought to cease deceiving the public.
“I believe it’s time to confront the correct viewpoint. “Adequate legal counsel is essential,” he stated.
The judge postponed the hearing of the ongoing application until December 8 after declining to grant Emmanuel audience.
Kanu requested an order in the ex parte motion he personally signed stating that the motion should be deemed moved in absentia and in accordance with the application because he was unable to be present in court or chambers to personally move it.
Additionally, he requested an order for the Nigerian Correctional Service and/or the Federal Government “to forthwith transfer him from the Sokoto Correctional Facility to a custodial facility within the jurisdiction of this Honourable Court.”
In order to enable the applicant to successfully pursue his constitutionally protected right of appeal, he further requested an order moving him to the court’s “immediate environs, such as the Suleja or the Keffi Custodial Center.”
Kanu claimed, citing eight grounds in the application designated FHC/ABJ/CR/383/2015, that he was found guilty and given a life sentence on November 20. The judge also ordered his confinement in any Nigerian correctional facility other than Kuje.
The applicant was moved to the Sokoto Correctional Facility on November 21, 2025, and is still being held there more than 700 kilometers from Abuja.
“The applicant plans to personally use his constitutional right of appeal against the conviction and punishment; he is not currently represented by counsel.
“The applicant must personally interact with the Registry of this Honourable Court and the Court of Appeal in Abuja in order to prepare the notice of appeal and the record of appeal.”
“All persons critical to assisting the applicant in preparing his appeal, including his relatives, associates, and legal consultants, are based in Abuja,” the motion added.
“In violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, causing exceptional hardship and potentially defeating the said right,” he stated.
Kanu contended that moving him to a facility close to Abuja so he could successfully pursue his appeal would be in the best interests of justice.
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