By Deborah Nnamdi
The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, who was recently convicted and sentenced to life imprisonment, has filed a fresh motion before the Federal High Court in Abuja seeking his immediate transfer from the Sokoto Correctional Facility.
In a motion ex parte personally signed and presented on Thursday by his younger brother, Prince Emmanuel Kanu, the IPOB leader argued that being held in Sokoto—over 700 kilometres from Abuja—makes it impossible for him to effectively pursue his appeal against his conviction.
Kanu told the court that he intends to personally exercise his constitutional right of appeal, but preparing the notice and record of appeal requires direct access to the court’s registry in Abuja. He added that all individuals assisting him, including relatives and legal consultants, reside in the Federal Capital Territory.
He maintained that his continued detention in Sokoto “renders his constitutional right to appeal impracticable, occasioning exceptional hardship,” and violates Section 36 of the 1999 Constitution.
Kanu therefore sought an order compelling the Federal Government and the Nigerian Correctional Service to transfer him to a custodial facility within the court’s jurisdiction. Alternatively, he asked to be moved to the Suleja or Keffi Custodial Centres to enable him to effectively prosecute his appeal.
However, when the matter was called, trial judge Justice James Omotosho refused to hear the application after Emmanuel Kanu announced an appearance on behalf of his brother. The judge ruled that he could not move the motion because he is not a lawyer.
“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” Justice Omotosho insisted, directing Kanu to engage a qualified lawyer or seek assistance from the Legal Aid Council.
Before adjourning the case to December 8, the judge cautioned against what he described as public misinformation surrounding Kanu’s appeal process. He faulted comments by Kanu’s former legal representative, Aloy Ejimakor, stressing that a convict does not need to be physically present in court for the compilation of appeal records.
“The defendant may not be in court to compile a record. His attendance is not required,” the judge said, adding that the rights of a defendant awaiting trial are distinct from those of a convicted person.
Kanu was sentenced on November 20 after being found guilty on a seven-count terrorism charge filed by the Federal Government. The court had ordered his detention in any correctional facility except the Kuje Correctional Centre. He has been held in Sokoto since November 21.
