A Federal High Court sitting in Abuja has struck out an ex-parte application filed by the convicted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Centre.
Justice James Omotosho struck out the motion on Monday after it was formally withdrawn by the counsel representing Kanu, citing procedural lapses and the incompetence of the application.
Why The Motion Was Withdrawn
When the matter was called, Demdoo Asan, a senior legal officer with the Legal Aid Council of Nigeria (LACoN), informed the court that he was seeking leave to withdraw from the case due to what he described as irreconcilable issues with the applicant.
Asan told the court that although he had maintained constant communication with Kanu’s relatives since the last adjourned date, they failed to visit the Legal Aid Council office to depose to the application, despite repeated assurances.
He further disclosed that the applicant sought to dictate the conduct of the case, including attempting to instruct counsel on what to say in open court.
“The applicant wants to dictate the tune of the matter. He wants to control what counsel would say. He wants to write down what I would say while in court. But, as an officer of the court, I cannot in good faith accept that,” Asan said.
Legal Aid Council Takes Position
The lawyer told the court that he had consulted with his superiors at the Legal Aid Council, who agreed that legal representation must be conducted in line with professional ethics and the rules of court.
He explained that where an applicant insists on controlling court proceedings, counsel is entitled to withdraw and allow the applicant to seek legal assistance elsewhere.
Relying on Order 50, Rule 1 of the Federal High Court Rules, Asan formally prayed the court to permit him, and the Legal Aid Council generally, to withdraw from representing the convict.
Court’s Ruling
In a brief ruling, Justice Omotosho commended the counsel for upholding the dignity and integrity of the court and granted the application to withdraw.
“Having listened to counsel from the Legal Aid Council, I hereby grant leave for the counsel and the Legal Aid Council generally to withdraw from representing the defendant convict,” the judge ruled.
On the substance of the application, Justice Omotosho held that the motion seeking Kanu’s transfer was incompetent.
He noted that although the court had earlier directed that other parties be served in the interest of justice and fairness, there was no proof of service before the court.
“From the last sitting of this court on December 8, 2025, until today, January 27, 2026, there is no proof of service before this court. Consequently, the motion ex-parte is struck out for lacking competence,” the judge said.
Background
Nnamdi Kanu is currently serving a life sentence following his conviction on terrorism-related charges and was transferred to the Sokoto Correctional Centre after sentencing.
His application sought a change of custodial facility, but the court did not consider the merits of the request, striking it out purely on procedural grounds.
