The judge noted that, despite the deficiencies in the application, other parties involved should have been served with the filed processes in the interest of justice. However, from the last court session on 8 December 2025 up to 27 January, no proof of service had been presented.
As a result, the ex-parte motion was struck out for lack of competence.
The Legal Aid Council of Nigeria (LACON) became involved in the case after the judge dismissed an attempt by Mr. Kanu’s brother, who is not a lawyer, to file the application on behalf of the Biafra agitator.
Post-Conviction Battle
On 20 November 2025, the judge sentenced Nnamdi Kanu to life imprisonment for terrorism. The court convicted the dual Nigerian-UK citizen for his violent campaigns advocating the independence of Nigeria’s South-east and neighboring areas as Biafra.
In delivering the sentence, Justice Omotosho ordered that Kanu be held in a secure prison anywhere in the country except Abuja, citing the city’s recent history of jailbreaks. This led to his placement at the Sokoto correctional facility.
Following this, Kanu filed an ex-parte application requesting an order to compel the federal government and/or the Nigerian Correctional Service (NCoS) to transfer him from Sokoto to a custodial facility within the court’s jurisdiction.
Alternatively, he sought relocation to a nearby facility, such as the Suleja or Keffi Custodial Centre, to allow him to effectively exercise his constitutionally guaranteed right of appeal.
On 4 December 2025, when the application was scheduled for hearing, Justice Omotosho dismissed an attempt by Prince Emmanuel, Mr. Kanu’s brother, to file the application on his behalf. The judge ruled that Mr. Emmanuel could not proceed because he was not a lawyer and advised him to either hire legal representation or seek assistance from the Legal Aid Council.
Subsequently, Mr. Asan from the Legal Aid Council appeared as Kanu’s counsel.
However, on 8 December 2025, the judge rejected the ex-parte application filed by Mr. Asan seeking Kanu’s transfer from Sokoto to Abuja. Justice Omotosho explained that the request could not be granted via an ex-parte motion, which is intended to be heard without the presence of the opposing parties. He emphasized that the respondents – the federal government and the Nigerian Correctional Service (NCoS) – must be notified and given the opportunity to respond before the court could consider granting the transfer in the interest of justice.
However, the judge noted on Tuesday that there was no evidence showing the respondents had ever been served with the court processes as previously directed. On the same day, Mr. Asan withdrew from representing Mr. Kanu.
Mr. Kanu’s terrorism trial has spanned over a decade, marked by multiple court appearances, adjournments, and legal challenges. He was first arrested in October 2015 on charges including treasonable felony and unlawful possession of arms, and was granted bail in 2017. He later fled Nigeria after soldiers reportedly raided his home.
He was rearrested in Kenya in June 2021 and returned to Nigeria to face trial on seven terrorism-related charges.
The case resumed under Judge Omotosho in March 2025 following previous judicial recusals. Between May and June 2025, the court set strict timelines for the federal government to conclude its case. In September 2025, Mr. Kanu filed a no-case submission, which was dismissed, and the court subsequently ordered a medical panel to assess his fitness to stand trial.
