ICYMI: You can’t represent him, court tells Nnamdi Kanu’s brother in prison transfer appeal

The federal high court in Abuja has fixed December 8 for the hearing of a motion ex parte filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), seeking to be transferred from the Sokoto correctional facility.

Kanu was convicted of all seven counts of terrorism on November 20, and was sentenced to life imprisonment.

He was moved to the Sokoto correctional facility after the court raised concerns over his safety at the Kuje centre, citing previous prison breaks.

Kanu had disengaged his legal team before judgment and opted to defend himself.

Punch reports that James Omotosho, a judge, fixed the hearing date after declining to recognise Emmanuel Kanu, younger brother of the convict, who attempted to represent him despite not being a lawyer.

When the case was called, the judge insisted on the appearance of a legal practitioner.

Emmanuel stood up to announce his appearance for Kanu.

Omotosho told him that he could not move the application.

“This ex parte motion cannot be moved on the convict’s behalf because you are not a legal practitioner,” Omotosho said.

The judge reiterated that only a lawyer can move such an application and advised Emmanuel to brief counsel or approach the Legal Aid Council of Nigeria.

“When I said representation, it is not his father, brother, sister or relations I meant. I mean his counsel,” he said.

“I am not going to the merit of this application now in the interest of justice, but you cannot represent a human being when you are not a lawyer; you can only represent a corporate body.

“Therefore, you cannot move the application because you are not a solicitor or advocate of the Supreme Court of Nigeria.

“For you to be qualified as a lawyer, it will take you another six years or thereabout. So get a counsel to move the application.”

When Emmanuel asked for the next adjourned date, Omotosho said the court would accommodate Kanu despite its packed schedule.

The judge warned against misleading the public on the process of compiling an appeal record.

Omotosho said contrary to comments by Aloy Ejimakor, one of Kanu’s disengaged lawyers who later acted as a consultant, the convict did not need to be physically present for the appeal record to be compiled.

“Let me advise generally so that you don’t delay the process,” he said.

“The issue of appeal, I must not pretend that I am not part of society. Mr Ejimakor granted an interview, talking about the deprivation of the defendant (Kanu) to compile his record. That is an erroneous opinion.

“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.”

The judge sought the opinion of other lawyers in court, who agreed that the convict’s presence was not required for the compilation of records.

Advising Emmanuel again to obtain proper legal representation, the judge said any lawyer incompetent in appellate procedure should stop misleading the public.

“I think it is high time we address the right opinion. Appropriate legal advice is necessary,” he added.

Omotosho then adjourned hearing on the Sokoto transfer appeal to December 8.

TRANSFER REQUEST

In the motion ex parte signed by him, Kanu asked the court to deem the application as moved in his absence because he is unable to appear in court or chambers.

He sought an order directing the federal government or the Nigerian Correctional Service to transfer him from the Sokoto facility to a custodial centre within the jurisdiction of the Abuja court.

Alternatively, he asked to be moved to a facility in the court’s “immediate environs”, such as the Suleja or Keffi custodial centre, to enable him to prosecute his appeal.

He said he was transferred to Sokoto on November 21, 2025, more than 700 kilometres from Abuja.

Kanu noted that he is currently unrepresented by counsel and intends to personally file his appeal.

He argued that preparing the notice and record of appeal requires his “personal interface” with the registry of the federal high court and the court of appeal in Abuja.

He said those assisting him, including relatives, associates, and legal consultants, are all based in Abuja.

Kanu said his detention in Sokoto has made it impracticable to exercise his constitutional right of appeal, causing exceptional hardship and potentially defeating the purpose of the appeal.

He argued that it is in the interest of justice to be moved closer to Abuja so he can effectively prosecute the appeal.