Justice James Omotosho of the Federal High Court in Abuja has struck out an ex-parte application filed by the convicted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, in which he sought an order for his transfer from the Sokoto Correctional Facility.
At proceedings on Tuesday, Kanu’s lawyer, Demdoo Asan, a senior legal officer with the Legal Aid Council, informed the court of his decision to withdraw from the case, citing what he described as irreconcilable differences with the applicant.
Asan told the court that since the matter was last adjourned, he had maintained frequent telephone communication with Kanu’s relatives, who were expected to depose to the application. According to him, despite repeated assurances and phone calls, none of the relatives appeared at the Legal Aid Council office to complete the necessary documentation.
He further disclosed that Kanu attempted to interfere with the conduct of the case by seeking to dictate the exact submissions counsel would make before the court.
“He wants to write down what I would say while in court. But, as an officer of the court, I can’t in good faith accept that,” he said.
Asan added that he escalated the issue to his superiors, who agreed with his position. He stressed that legal representation must remain independent and guided by professional judgment.
“As officers of the court, when a matter comes to us, we handle it as we see fit; otherwise, the applicant can find legal help elsewhere,” Demdoo said.
He subsequently relied on Order 50, Rule 1 of the Federal High Court Rules to formally apply for leave to withdraw from the matter.
In his ruling, Justice Omotosho praised the counsel for preserving the integrity and dignity of the court. He granted Demdoo and the Legal Aid Council permission to discontinue representation of the applicant.
The judge further held that the ex-parte motion before the court was incompetent. Nevertheless, in the interest of justice and fairness, he ordered that all relevant parties be properly served with notice.
Justice Omotosho observed that since the previous sitting of the court on December 8, 2025, there was no evidence before the court showing that service had been effected.
He consequently ordered that the ex-parte motion be struck out for lack of competence.
What you should know
The ruling highlights procedural and ethical issues surrounding Nnamdi Kanu’s application for transfer from the Sokoto Correctional Facility.
The court’s decision followed the withdrawal of his Legal Aid counsel, who cited interference in legal strategy and failure by Kanu’s relatives to support the application with sworn affidavits.
Justice Omotosho’s decision underscores the importance of due process, proper service, and professional independence of legal practitioners in court proceedings.
