The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has filed a fresh motion before the Federal High Court in Abuja seeking an immediate transfer from the Sokoto Correctional Centre, where he is currently serving a life sentence.
Kanu, who personally signed the motion ex parte, argued that remaining in Sokoto—over 700 kilometres from Abuja—would make it practically impossible for him to effectively pursue his appeal against his conviction.
The motion, marked FHC/ABJ/CR/383/2015, was presented on Thursday by his younger brother, Prince Emmanuel Kanu.
He explained that the IPOB leader could not appear in court to move the application due to his detention and requested the court to hear the matter in his absence.
Kanu stated that after his conviction on November 20 for a seven-count terrorism charge filed by the Federal Government, the court ordered his detention in any facility other than Kuje Prison. He was subsequently transferred to Sokoto on November 21.
He told the court that he intends to personally file and manage his appeal, but being held in Sokoto severely restricts his access to the Federal High Court and Court of Appeal in Abuja.
He also noted that all his relatives, associates, and legal consultants who would assist in preparing the appeal are based in Abuja.
“The applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, occasioning exceptional hardship and potentially defeating the said right,” he said, citing Section 36 of the 1999 Constitution.
Kanu prayed the court to order his transfer to any custodial facility within Abuja’s jurisdiction or, in the alternative, to the Suleja or Keffi Correctional Centres to enable him to prosecute his appeal effectively.
However, when the case was called, trial judge Justice James Omotosho refused to take arguments from Kanu’s brother, noting that a non-lawyer cannot move such an application.
“This application cannot be moved on the convict’s behalf because you are not a legal practitioner,” the judge said, advising Kanu to hire a lawyer or seek assistance from the Legal Aid Council.
Before adjourning the matter to December 8, Justice Omotosho cautioned against misleading public commentary on the case.
He addressed claims by Kanu’s former lawyer, Aloy Ejimakor, who had suggested that Kanu’s location was preventing him from compiling his record of appeal.
“Such an opinion is erroneous,” the judge said, insisting that a convict does not need to be physically present in court for records to be compiled.
“The rights of a defendant are different from the rights of a convict,” Justice Omotosho added.
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