Justice James Kolawole Omotosho of the Federal High Court 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.
The decision was delivered on Tuesday after Kanu’s counsel, Demdoo Asan of the Legal Aid Council, applied to withdraw from the case, citing irreconcilable differences with the applicant.
Asan told the court that since the last adjourned date, he had maintained constant telephone communication with Kanu’s relatives, who were expected to depose to the application. However, he said they repeatedly failed to honour invitations to his office despite assurances.
He further disclosed that Kanu sought to control the conduct of the case by dictating what counsel should say in court, a request he described as unacceptable.
“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.
The counsel added that after consulting with his superiors at the Legal Aid Council, they agreed that legal practitioners must retain professional independence in handling matters before the court. He subsequently invoked Order 50, Rule 1 of the Federal High Court Rules to formally withdraw from the case.
In his ruling, Justice Omotosho commended the counsel for upholding the dignity and integrity of the court and granted leave for both Asan and the Legal Aid Council to withdraw from representing Kanu.
The judge held that the ex parte motion was incompetent, noting that the court had earlier directed that relevant parties be served with notice in the interest of justice and fairness.
Justice Omotosho observed that from December 8, 2025, when the matter was last adjourned, until January 27, 2026, there was no proof of service before the court.
He consequently ordered that the motion be struck out for lack of competence.
