–— Says the ex-parte motion filled by the applicant lacks competence.

The Federal High Court sitting in Abuja has 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.

Justice James Kolawole Omotosho delivered the ruling on Tuesday after the Legal Aid Council, which had been representing Kanu, applied to withdraw from the matter citing irreconcilable differences with the applicant.

At the proceedings, Kanu’s counsel, Mr. Demdoo Asan, a Senior Legal Officer with the Legal Aid Council, informed the court of his intention to discontinue representation. He explained that since the last adjourned date, he had maintained constant communication with Kanu’s relatives, who were expected to visit the council’s office to depose to the application. However, despite repeated assurances, they failed to show up.

Mr. Asan further told the court that the applicant insisted on dictating how the case should be conducted, including attempting to control what counsel would say in court. He stated that such conduct was incompatible with his duties as an officer of the court. “He wants to write down what I would say while in court. But as an officer of the court, I cannot, in good faith, accept that,” Asan said.

He added that after consulting with his superiors at the Legal Aid Council, they collectively agreed that legal representation must be conducted at the professional discretion of counsel. Where an applicant seeks to control proceedings, the appropriate option would be for such an applicant to seek legal representation elsewhere. Consequently, Mr. 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 what he described as upholding the dignity and integrity of the court. The judge granted leave for Mr. Asan and the Legal Aid Council to withdraw from representing the defendant.

Addressing the ex-parte motion for transfer, Justice Omotosho held that the application was incompetent. He noted that, in the interest of justice and fairness, the court had earlier directed that all relevant parties be served with hearing notices. However, the court found that from the last adjourned date of December 8, 2025, to January 27, 2026, there was no proof of service before the court.

On that basis, Justice Omotosho ordered that the ex-parte motion be struck out for lack of competence. The ruling effectively brings the application for Kanu’s transfer to an end, unless a fresh and properly constituted motion is filed before the court.