The Federal High Court siting in Abuja, has refused to grant the ex parte motion filed by the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, seeking to be transferred from the Sokoto Correctional Centre to another custodial facility closer to Abuja, the Federal Capital Territory (FCT).
Penpushing reports that Justice James Omotosho declined the request on Monday, declaring the convict application, moved by a Legal Aid Council of Nigeria lawyer, Demdoo Asan, could not be granted by way of an ex parte motion.
The judge in his ruling held that the respondents, the Federal Government and the Nigerian Correctional Service ought to be put on notice to enable them to respond appropriately in the interest of justice before any order could be made.
Penpushing further reports that when the matter was called, Asan announced his appearance for Kanu who is currently serving a life jail term, and moved the motion, explaining that it contained two prayers.
The judge drew his attention to Relief One, which sought an order “compelling” the Nigerian Government and the Nigeria Correctional Service (NCoS) to transfer the convict to a custodial facility within the court’s jurisdiction.
Penpushing also reports that Omotosho asked the lawyer whether he intended to proceed with that relief, particularly in view of the word “compel” used in an ex parte application, but Asan agreed that Relief One should be struck out.
The court in same vein, queried whether the prosecution and the Nigeria Correctional Service (NCoS) ought to be served with the application.
“You are from the Legal Aid Council. Do you think it is by ex parte motion that this application ought to be granted, bearing in mind that judgment was delivered when both parties were present? Also, among the respondents to obey the order is the correctional service. Do you think it is through an ex parte motion that the court can make the order for his transfer?
Penpushing reports that the judge asked the lawyer if he thought the application should have come by motion on notice, and in response Asan admitted that the respondents needed to be put on notice before the matter could be determined.
The judge consequently, struck out Relief One and ordered that the prosecution and the Nigeria Correctional Service (NCoS) be served to enable them to respond, pointing out that a law school student will know that this application cannot be granted ex parte.
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