Fatimah Otunsanya
The Federal High Court in Abuja has fixed Dec. 8 for a hearing in a motion ex parte filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
Justice James Omotosho fixed the date for Thursday after he declined to give audience to Kanu’s younger brother, Prince Emmanuel, who announced his appearance on behalf of the IPOB leader, despite not being a lawyer.
Kanu, in the motion ex parte personally signed by him, had sought an order that, in view of the impossibility of the applicant (Kanu) being present in court or chambers to personally move the motion, “this motion shall be deemed moved in abstentia and in terms of the motion.”
He also sought an order compelling the Federal Government and/or the Nigerian Correctional Service (NCoS) “to forthwith transfer him from the Sokoto Correctional Facility to a custodial facility within the jurisdiction of this Honourable Court.”
Alternatively, Kanu sought an order transferring him to the court’s “immediate environs, such as the Suleja or the Keffi Custodial Centre, for the purpose of enabling the applicant to effectively prosecute his constitutionally guaranteed right of appeal.”
NigeriaTodayTimes reports that Kanu, who was convicted for terrorism offences on Nov. 20, is presently serving a life imprisonment at the Sokoto State Correctional Centre.
The convict, who sacked his team of lawyers prior to the judgment, had opted to defend himself.
When the case was called on Thursday, Justice Omotosho asked for the appearance of a lawyer.
But Kanu’s younger brother, Emmanuel, who is not a lawyer, then announced his appearance on behalf of the IPOB leader.
The judge then told Emmanuel that he could not move such an application.
The judge, who said only a legal practitioner can move the motion, advised Emmanuel to either engage a lawyer or approach the Legal Aid Council of Nigeria for legal representation since the law allows it.
“When I said representation, it is not his (Kanu’s) father, brother, sister or relations I meant. I mean his counsel.
“I am not going to the merit of this application now in the interest of justice.
“But you cannot represent a human being when you are not a lawyer; you can only represent a corporate body.
Therefore, you cannot move the application because you are not a solicitor or advocate of the Supreme Court of Nigeria.
“For you to be qualified as a lawyer, it will take you another six years or thereabout. So get a counsel to move the application,” the judge said.
When Emmanuel asked for the next adjourned date, Justice Omotosho said that, though there were cases on the court docket on Monday, Kanu would be accommodated.
“Thank you, sir,” Emmanuel responded.
The judge, therefore, cautioned against misleading the public about how Kanu could compile his appeal record.
Kanu said it would be in the interest of justice that he be transferred to a facility near Abuja to enable him to effectively prosecute his appeal.