*Says “Convict Need Not Be Present for Compilation of Appeal Record”
The Federal High Court in Abuja has fixed December 8 for a hearing in a motion ex parte filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
Justice James Omotosho scheduled the date after declining to grant audience to Kanu’s younger brother, Prince Emmanuel, who attempted to appear on behalf of the IPOB leader despite not being a lawyer.
Kanu, in the motion ex parte personally signed by him, had sought an order declaring that, due to the impossibility of his personal attendance in court or chambers, “this motion shall be deemed moved in absentia and in terms of the motion.”
He also requested an order compelling the 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 this Honourable Court.”
Alternatively, Kanu sought transfer to a nearby facility, such as Suleja or Keffi Custodial Centre, to enable him to effectively prosecute his constitutionally guaranteed right of appeal.
Recall that Kanu, convicted for terrorism offences on November 20, is currently serving a life sentence at the Sokoto State Correctional Centre. The convict, who dismissed his legal team prior to the judgment, opted to represent himself.
When the case was called on Thursday, Justice Omotosho requested the presence of a qualified lawyer. Kanu’s younger brother, Emmanuel, who is not a lawyer, announced his appearance on behalf of the IPOB leader. The judge told him he could not move the application, stating:
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner. Only a counsel can move such an application. You may engage a lawyer or approach the Legal Aid Council of Nigeria for representation.”
The judge emphasized that a legal representative must handle the motion, adding:
“For you to be qualified as a lawyer, it would take another six years or thereabout. Therefore, get a counsel to move the application.”
Justice Omotosho also cautioned against misleading the public about Kanu’s appeal process, noting that a convict need not be present for the compilation of his appeal record.
Kanu’s ex parte motion, marked FHC/ABJ/CR/383/2015, outlines eight grounds. He stated that he was convicted and sentenced to life imprisonment on November 20, with orders allowing detention in any correctional centre except Kuje.
“On November 21, 2025, I was transferred to and am currently detained at the Sokoto Correctional Facility, over 700 kilometres from Abuja. I am currently unrepresented and intend to exercise my constitutional right of appeal personally. Continued detention in Sokoto makes my constitutional right to appeal impracticable, occasioning exceptional hardship and potentially defeating the said right, in violation of Section 36 of the 1999 Constitution,” Kanu stated.
He requested transfer to a facility near Abuja to enable him to effectively prosecute his appeal.
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