The Federal High Court in Abuja has declined to grant an ex parte application filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking a transfer from the Sokoto Correctional Centre to a custodial facility closer to the Federal Capital Territory.
Delivering the ruling on Monday, Justice James Omotosho held that the request, brought by Legal Aid Council lawyer Demdoo Asan, could not be determined without hearing from the Federal Government and the Nigerian Correctional Service (NCoS). The judge stressed that the nature of the reliefs sought required a motion on notice rather than an ex parte approach.
Kanu was convicted of terrorism-related offences on 20 November and sentenced to life imprisonment—a verdict his family has rejected and vowed to challenge. Following his conviction, he was moved to the Sokoto Correctional Centre after the court ruled that the Kuje Custodial Centre in Abuja would not be suitable for him.
However, Kanu is seeking to be relocated to a facility within Abuja’s jurisdiction, suggesting either the Suleja Custodial Centre in
Niger State or the Keffi Custodial Centre in Nasarawa State. He argued that such a move would enable him to effectively pursue his constitutionally guaranteed right of appeal.At Monday’s proceedings, Justice Omotosho queried the propriety of asking the court to “compel” the authorities through an ex parte motion. Asan conceded and agreed that the first relief should be struck out.
The court further questioned why the Federal Government and the NCoS had not been served with the application, emphasising that both respondents must be given the opportunity to be heard.
“A law school student will know that this application cannot be granted ex parte,” Justice Omotosho remarked, after Asan admitted that the respondents were entitled to notice.
The judge also pointed out a significant procedural flaw: the notice of appeal in the court file was dated 10 November—ten days before the judgement was delivered—rendering it invalid. Asan acknowledged the error and assured the court that the legal team would “do the needful”.
Justice Omotosho thereafter ordered that all necessary parties be served and adjourned the matter until 27 January 2026 for proper hearing.
