The Federal High Court in Abuja has struck out an ex-parte motion filed by Nnamdi Kanu, the convicted leader of the Indigenous People of Biafra (IPOB), seeking his transfer from the Sokoto Correctional Centre. Justice James Omotosho dismissed the application on Monday after it was withdrawn by Kanu’s counsel from the Legal Aid Council of Nigeria (LACoN), who cited irreconcilable differences with the applicant.
The application was struck out shortly after Demdoo Asan, a senior legal officer of LACoN representing Kanu—currently serving a life sentence—applied to withdraw from the case.
When the matter was called, Asan told the court that he could no longer continue with the brief due to fundamental disagreements with the applicant, including alleged attempts to interfere with legal strategy and court submissions
Why Counsel Withdrew
According to Asan, despite maintaining constant communication with Kanu’s relatives since the last adjournment, they failed to appear at the Legal Aid Council’s office to depose to the application, despite repeated assurances.
He further told the court that Kanu sought to dictate how the case should be conducted.
“The applicant wants to control what counsel would say. He wants to write down what I would say in court,” Asan stated.
“As an officer of the court, I cannot in good faith accept that.”
He added that after consulting with his superiors, it was agreed that legal officers must retain professional independence or withdraw from representation.
Court’s Ruling
Invoking Order 50, Rule 1 of the Federal High Court Rules, Asan formally applied to withdraw from the case. Justice Omotosho commended the counsel for upholding the integrity of the court and granted the request.
“Having listened to counsel from the Legal Aid Council, I grant leave for counsel and the Legal Aid Council to withdraw from representing the defendant-convict,” the judge ruled.
Why the Motion Was Struck Out
Justice Omotosho held that the ex-parte motion itself was incompetent, noting that the court had earlier directed that all relevant parties be served, in the interest of justice and fairness.
However, the judge observed that no proof of service had been provided between the last sitting on December 8, 2025, and January 27, 2026.
“The motion ex-parte is struck out for lacking competence,” Justice Omotosho ruled.
Impact / What It Means
The ruling leaves Nnamdi Kanu without legal representation in the matter and effectively halts his bid to be transferred from Sokoto Correctional Centre unless a fresh application is properly filed and served. Legal analysts say the decision underscores the court’s insistence on procedural compliance and professional independence of counsel.
