Court Strikes Out Nnamdi Kanu’s Ex-Parte Bid for Prison Transfer as Legal Aid Counsel Quits Case

|By Adejumo Adekunle

Justice James Kolawole Omotosho of the Federal High Court in Abuja on Tuesday struck out an ex-parte motion filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Facility.

The court’s decision followed the withdrawal of Kanu’s counsel, Demdoo Asan, a senior legal officer with the Legal Aid Council, who cited irreconcilable differences with the applicant and his relatives.

Addressing the court, Asan disclosed that since the last adjourned date, he had maintained repeated phone communication with Kanu’s relatives, urging them to visit his office to depose to the application. He said despite assurances, none of them honoured the request.

Asan further told the court that Kanu attempted to dictate how the case should be handled, including directing what counsel should say in open court.

“He wants to write down what I would say while in court. As an officer of the court, I cannot in good faith accept that,” Asan stated.

He added that after consulting with his superiors at the Legal Aid Council, they unanimously agreed that counsel must be allowed professional independence in handling matters before the court, stressing that any litigant dissatisfied with that principle was free to seek legal representation elsewhere.

Consequently, Asan invoked Order 50, Rule 1 of the Federal High Court Rules and formally applied to withdraw from the case.

In his ruling, Justice Omotosho commended the counsel for upholding the dignity and integrity of the court and granted leave for the Legal Aid Council to withdraw from representing Kanu.

The judge further held that the ex-parte motion before the court was incompetent. He noted that although the court had earlier directed that all relevant parties be served in the interest of justice and fairness, there was no proof of service on record.

“From the last sitting on December 8, 2025, until today, January 27, 2026, there is no proof of service before this court,” Justice Omotosho ruled.

He subsequently struck out the ex-parte motion for lacking competence.