The Federal High Court in Abuja has fixed December 8 to hear an application filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking to be moved from the Sokoto Correctional Facility.
Kanu, who was convicted on November 20 on all seven terrorism charges brought against him and sentenced to life imprisonment, was relocated to Sokoto over security concerns. The trial court had ruled that the Kuje Correctional Facility was unsuitable given previous prison breaks.
Before his conviction, Kanu dismissed his legal team and opted to represent himself.
At Thursday’s proceedings, Justice James Omotosho declined to hear the motion after Kanu’s younger brother, Emmanuel, attempted to appear for him despite not being a lawyer.
The judge insisted that only a qualified legal practitioner could move the application.
“You cannot represent a human being when you are not a lawyer,” Omotosho said.
“Get a counsel to move the application. It will take you another six years to qualify as a lawyer.”
He advised Emmanuel to engage a lawyer or seek help from the Legal Aid Council of Nigeria.
Court Clarifies Appeal Procedure
Justice Omotosho also cautioned against misleading the public on the process of compiling appeal records. He addressed earlier comments made by one of Kanu’s former lawyers, Aloy Ejimakor, who claimed Kanu needed to be physically present in court to compile his record of appeal.
The judge dismissed that view:
“The defendant may not be in court to compile a record. His attendance is not required.”
He further consulted lawyers present in the courtroom, all of whom agreed that Kanu’s presence was not mandatory for the appeal process.
Details of Kanu’s Request
In the motion ex parte signed personally by him, Kanu asked the court to deem the motion moved in his absence, arguing that his detention in Sokoto makes it impossible to appear in court to present it.
He is seeking:
1. An order compelling his transfer from the Sokoto facility to a custodial centre within the court’s jurisdiction, or
2. A transfer to Suleja or Keffi Correctional Centre to enable him effectively pursue his appeal.
Kanu argued that:
The Sokoto facility is over 700 kilometres from Abuja.
He currently has no legal representation.
Preparing his appeal requires personal interaction with court registries in Abuja.
His relatives, associates, and legal consultants are all based in the capital.
Detaining him far away creates “exceptional hardship” and undermines his constitutional right to appeal under Section 36 of the 1999 Constitution.
Justice Omotosho adjourned the matter to December 8 for hearing of the application.
