The Federal High Court in Abuja on Tuesday struck out an ex-parte application filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking his transfer from the Sokoto Correctional Facility, after his legal representative withdrew from the case.
Justice James Omotosho took the decision following an application by Kanu’s counsel, Mr Demdoo Asan, a senior legal officer with the Legal Aid Council, who cited irreconcilable issues with his client as grounds for his withdrawal.
Addressing the court, Asan explained that since the last adjourned date, he had maintained regular telephone contact with Kanu’s relatives, who were expected to depose to affidavits in support of the motion. He said, however, that they failed to appear at the Legal Aid Council office despite repeated assurances.
He further disclosed that Kanu attempted to dictate the conduct of the case, including what counsel should say in open court.
“As an officer of this honourable court, I cannot allow myself to be directed on what to say in proceedings,” Asan told the judge, adding that his superiors at the Legal Aid Council shared the same position after consultation.
According to him, legal representation must be conducted in line with professional judgment and ethics, stressing that where a client insists otherwise, he is free to seek alternative representation.
Asan consequently invoked Order 50, Rule 1 of the Federal High Court Rules to formally withdraw from the matter.
In his ruling, Justice Omotosho commended the lawyer for what he described as his professionalism and commitment to the dignity of the court, granting leave for Asan and the Legal Aid Council to disengage from the case.
The judge noted that beyond the withdrawal of counsel, the ex-parte motion itself was procedurally defective. He observed that there was no proof before the court that other relevant parties had been served with the application since the last sitting on December 8, 2025.
Justice Omotosho said that although the court is guided by the principles of fairness and justice, it cannot act on an incompetent process.
He therefore struck out the motion, bringing to an end, for now, Kanu’s attempt to secure a transfer from the Sokoto Correctional Facility.
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