*Says “Convict Need Not Be Present for Compilation of Appeal Record”
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The leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, recently convicted and sentenced to life imprisonment, has filed a fresh motion before the Federal High Court in Abuja, urging his transfer from the Sokoto Correctional Facility.
Kanu, in a motion ex parte personally signed by him, told the court that his detention in Sokoto would hinder his ability to effectively appeal his conviction and sentence.
The motion was presented on Thursday by Prince Emmanuel Kanu, Nnamdi Kanu’s younger brother. The applicant requested that, given his inability to appear personally before the court, the motion be heard in his absence.
In the eight grounds raised in the ex parte motion, marked FHC/ABJ/CR/383/2015, Kanu stated that on November 20, he was sentenced following conviction on seven terrorism charges preferred by the federal government. The court had ordered that he be detained in any correctional facility in Nigeria except Kuje Correctional Centre.
Kanu said: “On November 21, 2025, the applicant was transferred to, and is currently detained at, the Sokoto Correctional Facility, which is over 700 kilometres from Abuja. The applicant, currently unrepresented by counsel, intends to personally exercise his constitutional right of appeal.
“The preparation of the notice of appeal and the record of appeal requires the applicant’s personal interface with the Registry of this Honourable Court and the Court of Appeal in Abuja. All persons critical to assisting the applicant, including relatives, associates, and legal consultants, are based in Abuja.
“The applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, causing exceptional hardship and potentially defeating this right, in violation of Section 36 of the 1999 Constitution,” he added.
Kanu prayed the court to order the federal government and/or the Nigerian Correctional Service (NCoS) to transfer him to a custodial facility within the jurisdiction of the court. Alternatively, he requested a transfer to a nearby facility such as Suleja or Keffi Custodial Centre to enable him to effectively prosecute his appeal.
When the matter was called, Justice James Omotosho declined to grant audience to Emmanuel Kanu, noting that he could not represent the IPOB leader 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,” the judge said. He advised the applicant to engage a qualified counsel or approach the Legal Aid Council of Nigeria for representation.
Justice Omotosho clarified: “When I said representation, I meant his counsel, not his father, brother, sister, or relatives. You cannot represent a human being when you are not a lawyer; you can only represent a corporate body. Therefore, you cannot move this application. To be qualified as a lawyer would take you another six years or thereabout. Get a counsel to move the application.”
Following the judge’s directive, Emmanuel requested a hearing date. The court adjourned the motion to December 8, with Justice Omotosho cautioning against public misinformation regarding Kanu’s case.
The judge noted that one of Kanu’s former lawyers, Aloy Ejimakor, who later became his consultant, had claimed that Kanu could not compile his record of appeal due to his location. Justice Omotosho rejected this claim, stating that a convict does not need to be physically present for the compilation of his appeal record.
“Let me advise generally so that you don’t delay the process. The issue of appeal must proceed. The defendant may not be in court to compile a record. His attendance is not required, though the appearance of his representative may be necessary. The rights of a defendant are different from those of a convict,” the judge added.
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