Nnamdi Kanu, the leader of the banned Indigenous People of Biafra, filed a motion ex parte to be moved from the Sokoto Correctional Facility, and the Federal High Court in Abuja scheduled the hearing for December 8.
On November 20, 2025, Kanu was sentenced to life in prison after being found guilty on all seven of the terrorism charges that the federal government had sought against him.
After being sentenced, Kanu was sent to the Sokoto Correctional Facility because the court was concerned about his safety and noted that the Kuje Correctional Facility might not be a good fit for him because of prior jail breakouts that had been documented there.
Kanu chose to defend himself rather than work with his attorneys before the verdict was rendered.
He was informed by Justice Omotosho that he was not permitted to move such an application.
Judge Omotosho declared, “You are not a lawyer, so you cannot move this ex parte motion on the convict’s behalf.”
Emmanuel was urged to either hire an attorney or seek assistance from the Legal Aid Council of Nigeria by the court, who insisted that only a professional could file the motion.
“I did not mean to refer to Kanu’s father, brother, sister, or any relatives when I stated representation. That is, his advice.
“In the interest of justice, 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 solicitor nor an advocate of the Supreme Court of Nigeria, you are unable to move the application.
It will take you an additional six years or more to be qualified as a lawyer. Thus, hire an attorney to forward the application,” the judge stated.
Justice Omotosho responded to Emmanuel’s request for the next delayed date by saying that Kanu would be accommodated even though Monday’s docket had cases.
“Thank you, sir,” Emmanuel said.
The judge issued a warning 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 for his record to be assembled.
To avoid delaying the procedure, allow me to offer broad advice. The appeal issue: I can’t act as though I’m not a member of society. Mr. Ejimakor allowed an interview in which he discussed the defendant’s (Kanu) deprivation in order to gather his record. That viewpoint is incorrect. It’s possible that the defendant won’t be there to create a record.
It is not necessary for him to be present, but his agent may need to show up. Justice Omotosho pointed out that the rights of a defendant and a convict are distinct.
The attorneys in attendance were asked by Justice Omotosho if Kanu’s appearance was necessary before his record could be assembled, and they said that it was not.
The judge advised Emmanuel once more to choose an experienced attorney, adding that any attorney who is egregiously deficient in appellate procedure should cease deceiving the public.
“I believe it’s time we addressed the appropriate viewpoint. It is essential to get the right legal counsel, he stated.
The judge postponed the hearing of the ongoing application until December 8 after refusing 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 physically move it in court or in chambers.
Additionally, he requested an order for the Nigerian Correctional Service or the Federal Government “to forthwith transfer him from the Sokoto Correctional Facility to a custodial facility within the jurisdiction of this Honourable Court.”
As an alternative, he requested an order that would move him to the court’s “immediate environs, such as the Suleja or the Keffi Custodial Center, for the purpose of enabling the applicant to effectively prosecute his constitutionally guaranteed right of appeal.”
Kanu claimed, using eight grounds in the application designated FHC/ABJ/CR/383/2015, that he was found guilty on November 20 and given a life sentence, and that the judge had ordered his custody in any Nigerian correctional facility other than Kuje.
The applicant was moved to the Sokoto Correctional Facility on November 21, 2025, and is presently being held there, more than 700 kilometers away from Abuja.
“The applicant plans to personally use his constitutional right of appeal against the conviction and sentence; he is currently not 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 appeal record.”
“All persons essential 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),” he stated, “the applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, causing extraordinary hardship and potentially defeating the said right.”
Kanu contended that moving him to a facility close to Abuja in order to successfully pursue his appeal would be in the best interests of justice.
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