A Federal High Court sitting in Abuja has struck out a motion ex-parte filed by the convicted and self-acclaimed leader of the proscribed Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu, seeking an order for his relocation from the Sokoto prison where he is currently being held.
Justice James Omotosho, in a ruling delivered on Tuesday, held that the application was incompetent and that Kanu failed to comply with the court’s earlier directive requiring him to convert the motion ex-parte to a motion on notice.
The judge recalled that on December 8, 2025, the court had expressly ordered that the application be converted to a motion on notice and served on all parties likely to be affected by the outcome of the suit.
“In respect of the application before this court, it has to do with an application that was brought incompetently as per seeking for the movement of the convict from where he is presently kept,” Justice Omotosho ruled.
“The application is not competent. However, in the interest of justice, the court gave a hint and urged that the same be converted to a motion on notice,” he added.
Justice Omotosho noted that as of January 27, 2026, no such motion on notice had been filed before the court.
“The applicant, having not filed the motion on notice today, the 27th day of January, 2026, there is no application for determination before this court. It is based on this that the motion ex-parte is struck out as there is nothing to be determined,” the judge said.
Earlier in the proceedings, the court directed the registrar to confirm whether the motion on notice and hearing notices had been served on the respondents, namely the Federal Government and relevant correctional authorities.
The registrar informed the court that there was no proof of service on the respondents.
Counsel from the Legal Aid Council of Nigeria (LACON), Mr Demdoo Asan, who appeared for Kanu, told the court that despite the earlier directive, he had been unable to serve the processes.
Asan explained that Kanu’s relatives, who were required to sign the necessary court documents, had not been reachable since their last court appearance.
“They kept saying they would get back to me, and that wasn’t done,” he said, adding that he could not personally depose to the affidavit in support of the motion.
The lawyer further disclosed that Kanu had attempted to dictate how the case should be handled, which posed additional challenges to his representation.
Citing Order 50, Rule 1 of the Federal High Court Rules, Asan applied for leave of court to withdraw from further representing Kanu.
Justice Omotosho granted the application, bringing the proceedings to a close.