Justice James Omotosho of the Federal High Court sitting in Abuja has struck out an ex-parte application filed by the convicted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an order for his transfer from the Sokoto Correctional Facility.
The ruling followed dramatic developments during proceedings on Tuesday, when Kanu’s legal representative, Mr. Demdoo Asan, a Senior Legal Officer with the Legal Aid Council, informed the court of his decision to withdraw from the case due to irreconcilable differences.
Asan told the court that since the last adjourned date, he had maintained consistent phone communication with Kanu’s relatives. However, he explained that despite repeated assurances, the relatives failed to appear at the Legal Aid Council office to depose to the application, a step he described as necessary for the matter to proceed.
He further disclosed that Kanu attempted to dictate how the case should be conducted in court, including insisting on determining what counsel would say during proceedings.
According to Asan, such conduct was unacceptable and inconsistent with his responsibilities as an officer of the court.
“He wants to write down what I would say in court. As an officer of the court, I cannot, in good conscience, accept that,” he said.
Asan added that after consulting with his superiors at the Legal Aid Council, they unanimously agreed that the circumstances made it impossible to continue representing the applicant.
He emphasized that legal counsel must be allowed to exercise professional judgment independently, noting that where such conditions are not met, a litigant is free to seek representation elsewhere.
Consequently, Asan invoked Order 50, Rule 1 of the Federal High Court Rules, formally applying to withdraw from the case.
In his ruling, Justice Omotosho commended the counsel for maintaining the dignity and integrity of the court. He granted the application, allowing both Asan and the Legal Aid Council to withdraw from further representation of Kanu.
Addressing the ex-parte motion, the judge held that the application was incompetent. He noted that since the court’s last sitting on December 8, 2025, there was no evidence before the court showing that the relevant parties had been properly served.
While stressing the importance of fairness and justice, Justice Omotosho directed that all concerned parties be served with the appropriate notices.
He subsequently ordered that the ex-parte motion be struck out for lack of competence.

