Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has explaining why he should be transferred from Sokoto Correctional Facility.
Kanu was recently convicted and sentenced to life imprisonment after he was found guilty of “terrorism charges” by Justoce James Omotosho of the Federal High Court in Abuja.
In an ex parte motion personally signed by him, Kanu argued that staying in Sokoto would hinder his ability to effectively appeal his conviction and sentence.
Prince Emmanuel Kanu who presented the application before the court, said his brother could not physically appear to move the motion himself.
Kanu noted that after he was sentenced on November 20, the court ordered that he be detained in any correctional facility in Nigeria except Kuje.
He was subsequently moved to the Sokoto prison on November 21 — a location more than 700 km away from Abuja.
According to him, being detained that far from Abuja makes it extremely difficult to prepare and file his appeal, especially since he is currently without legal representation and intends to personally exercise his constitutional right of appeal.
He told the court that preparing the notice and record of appeal requires direct interaction with the registry of both the Federal High Court and the Court of Appeal in Abuja. He added that all individuals who could assist him in the appeal process — including relatives, associates, and legal consultants are based in Abuja.
Kanu argued that continued detention in Sokoto makes it practically impossible for him to exercise his constitutional right to appeal, amounting to exceptional hardship and a violation of his rights.
He therefore asked the court to order the federal government or the Nigerian Correctional Service to immediately transfer him 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 to enable him to pursue his appeal effectively.
When the motion was called, the trial judge, Justice James Omotosho, declined to allow Emmanuel Kanu to speak for his brother, explaining that only a qualified legal practitioner can move such an application.
“This motion cannot be moved on behalf of the convict because you are not a legal practitioner,” the judge said, advising that Kanu should engage a lawyer or seek assistance from the Legal Aid Council.
The judge emphasized that only a certified lawyer can represent an individual in court, noting: “You cannot represent a human being when you are not a lawyer; you can only represent a corporate body.”
After being guided by the court, Emmanuel requested a hearing date, and the judge adjourned the matter to December 8.
Justice Omotosho also cautioned against misinformation surrounding the case. He noted that a former legal representative of Kanu had suggested that Kanu could not compile his record of appeal because of his place of detention, a claim the judge described as 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 be required.
“The rights of a defendant are different from the rights of a convict,” he reminded.
