The Federal High Court in Abuja yesterday rejected an attempt by Emmanuel Kanu who introduced himself as the brother of Nnamdi Kanu to argue an ex parte motion on behalf of the convicted leader of the Indigenous People of Biafra (IPOB).
Emmanuel appeared before Justice James Omotosho intending to move a motion filed by his brother, who is serving a life sentence at the Sokoto Correctional Centre. In the application, Nnamdi Kanu sought an order for the court to deem the motion “moved in absentia,” citing his inability to appear in person.
Kanu is asking the court to compel the Federal Government or the Nigerian Correctional Service (NCoS) to transfer him from Sokoto to a custodial facility within the court’s jurisdiction. Alternatively, he wants to be moved to centres such as Suleja or Keffi so he can more effectively pursue his appeal.
Kanu was sentenced to life imprisonment for terrorism-related offences on November 20 following a judgment by Justice Omotosho. During the trial, he dismissed his legal team, led by former Attorney General of the Federation, Kanu Agabi (SAN), and chose to represent himself.
When the matter was called on Wednesday, Emmanuel attempted to speak for his brother. Justice Omotosho immediately stopped him, stressing that he could not move the motion because he is not a lawyer.
“When I said representation, it is not his father, brother, sister or relations I meant. I mean his counsel,” the judge said, advising Emmanuel to engage a lawyer or approach the Legal Aid Council of Nigeria (LACN).
“You cannot represent a human being when you are not a lawyer. You can only represent a corporate body. For you to be qualified as a lawyer, it will take another six years or thereabout. So, get a counsel to move the application,” he added.
Justice Omotosho also clarified misconceptions about the appeal process. He noted that a convict’s presence is not required for compiling records of appeal and that current rules allow lawyers to sign notices of appeal on behalf of appellants.
“The defendant has nothing to do with the compilation of records. Once you are a convict, you are not required to be part of the compilation,” he explained, adding that he had already signed the application for compiling the appeal records after seeing the notice of appeal personally signed by Kanu.
The judge urged Emmanuel to secure legal representation promptly so the motion can be heard. Despite December 8 being a tight date, he assured that he would create time to hear the application provided Kanu is represented by a qualified lawyer.
