Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) who was recently convicted and handed a life sentence, has filed a fresh motion before the Federal High Court in Abuja, explaining why he should be moved from the Sokoto Correctional Facility.
In the motion ex parte, personally signed by him, Kanu argued that remaining in Sokoto would severely hinder his ability to properly appeal his conviction and sentence.
The application was presented to the court by his younger brother, Prince Emmanuel Kanu, who informed the judge that since Kanu could not be physically present to move the motion himself, the court should hear it in his absence.
Kanu explained that following his sentencing on November 20, the court ordered that he be held in any correctional facility in Nigeria except Kuje. He was then transferred to the Sokoto prison on November 21 — a location over 700 km away from Abuja.
According to him, being held so far from the capital makes it extremely difficult to prepare and file his appeal, especially as he currently has no legal representation and intends to personally exercise his constitutional right to appeal.
He told the court that preparing the notice and record of appeal requires close interaction with the registries of both the Federal High Court and the Court of Appeal in Abuja. He added that all those who could assist him with the appeal — including relatives, associates, and legal consultants — are based in Abuja.
Kanu argued that his continued detention in Sokoto makes it practically impossible to exercise his right to appeal, amounting to exceptional hardship and a violation of his constitutional rights.
He therefore asked the court to order his immediate transfer to a custodial facility within Abuja’s jurisdiction. Alternatively, he requested a transfer to a nearby facility such as the Suleja or Keffi Correctional Centre so he can effectively pursue his appeal.
When the motion was called, trial judge Justice James Omotosho refused to allow Emmanuel Kanu to move the application, stating that only a qualified legal practitioner is allowed to do so.
“This motion cannot be moved on behalf of the convict because you are not a legal practitioner,” the judge said, advising that Kanu should hire a lawyer or seek assistance from the Legal Aid Council.
The judge emphasised that only a certified lawyer can represent an individual in court, adding: “You cannot represent a human being when you are not a lawyer; you can only represent a corporate body.”
After the court’s guidance, Emmanuel asked for a hearing date, and the judge adjourned the matter to December 8.
Justice Omotosho also cautioned against misinformation surrounding the case. He noted that one of Kanu’s former lawyers claimed Kanu could not compile his record of appeal due to his place of detention — an assertion the judge said was incorrect.
He clarified that a convict does not need to be physically present in court for appeal records to be compiled, though their representative may need to appear.
“The rights of a defendant are different from the rights of a convict,” the judge added.
