ABUJA, Nigeria — Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has filed a fresh motion before the Federal High Court in Abuja seeking his transfer from the Sokoto Custodial Centre, arguing that his continued detention there will impede his ability to appeal against his recent conviction and life sentence.
Kanu, who filed the motion ex parte and personally signed it, submitted that the geographical distance from Abuja and the absence of legal representation make it “impracticable” for him to exercise his constitutional right of appeal.
The application was presented in court on Thursday by his younger brother, Prince Emmanuel Kanu.
Because the applicant could not be present in court to move the motion, he asked the judge to hear it in his absence.
The motion, marked FHC/ABJ/CR/383/2015, stated that Kanu was sentenced on 20 November after being found guilty on seven counts of terrorism filed by the Federal Government.
Following the conviction, the court ordered that he be detained in any correctional facility except the Kuje Custodial Centre. He was transferred to the Sokoto facility on 21 November.
In his filing, Kanu argued that the location of the facility—over 700 kilometres from Abuja—creates severe hurdles for preparing his appeal.
“The applicant, who is currently unrepresented by counsel, intends to personally exercise his constitutional right of appeal against the conviction and sentence,” the motion stated.
He added that preparing the notice of appeal and record of appeal requires “personal interface with the Registry of this Honourable Court and the Court of Appeal in Abuja.”
The motion further stressed that all individuals assisting him—relatives, associates and legal consultants—are based in Abuja.
Kanu maintained that remaining in Sokoto constitutes “exceptional hardship” and risks defeating his right of appeal, amounting to a violation of Section 36 of the Constitution.
He asked the court to order the Federal Government or the Nigerian Correctional Service to transfer him to a custodial facility within the court’s jurisdiction, or alternatively to the Suleja or Keffi Custodial Centres.
When the matter was called, however, Justice James Omotosho refused to allow Kanu’s brother to move the application, noting that only a qualified legal practitioner can do so.
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” the judge said.
He advised Kanu to secure representation through a lawyer or to approach the Legal Aid Council.
“You cannot represent a human being when you are not a lawyer; you can only represent a corporate body,” he added, emphasising that Kanu’s brother could not act as counsel.
Emmanuel Kanu then asked for a date for the hearing. Justice Omotosho adjourned the motion to 8 December.
Before rising, he cautioned against public misinterpretation of the legal process, referring to comments by Kanu’s former counsel, Aloy Ejimakor, who suggested that Kanu’s location prevented him from compiling his record of appeal.
The judge disagreed, stating that the convict’s physical presence is not required for the compilation of court records.
“The defendant may not be in court to compile a record. His attendance is not required, though the appearance of his representative may be required. The rights of a defendant are different from the rights of a convict,” he said.
The adjourned hearing will determine whether Kanu’s request for transfer will be formally considered once legal representation is in place.
