Justice Omotosho Dismisses Claim That Kanu Must Be Present to Compile Appeal Record, Adjourns Case to December 8

In a firm and clarifying stance on appellate procedure, Justice James Omotosho of the Federal High Court, Abuja, has dismissed claims that Nnamdi Kanu’s physical presence is required in court before his record of appeal can be compiled. The judge openly described such an opinion as misleading and legally erroneous, stressing that the rights of a defendant differ from that of a convicted person.

Akahi News gathered that the clarification was made during a heated exchange triggered by submissions attributed to Mr Emmanuel Ejimakor, who had earlier suggested that Kanu was being deprived of his rights because he was not present in court to compile the record necessary for appeal.

Judge Rejects Position, Describes Argument as Legally Wrong

Responding directly to the argument in open court, Justice Omotosho stated that the attendance of a defendant or convict is not mandatory for the compilation of a record of appeal.

“His attendance is not required, though the appearance of his representative may be required. The rights of a defendant are different from the rights of a convict,” the judge said.

To further clarify the matter, Justice Omotosho posed the question to other lawyers present in court, asking whether Kanu’s physical appearance was necessary before the record of appeal could be prepared. In a unanimous response, they answered in the negative.

Akahi News learnt that the judge went a step further by advising Mr Ejimakor to seek guidance from a more knowledgeable legal practitioner on matters relating to appellate procedure.

He warned that any lawyer who is grossly inadequate in the understanding of such procedures should desist from misleading the public.

“I think it is high time we address the right opinion. Appropriate legal advice is necessary,” Justice Omotosho added.

After refusing to grant audience to Emmanuel in that session, the court adjourned the matter to December 8 for the hearing of a pending application filed by Kanu.

Kanu Seeks Permission to Move Application in Absentia

In a motion ex parte personally signed by Nnamdi Kanu and marked FHC/ABJ/CR/383/2015, he requested an order that, due to the impossibility of his presence in court or in the judge’s chambers, the motion should be deemed moved in absentia and granted accordingly.

Kanu is currently being held at the Sokoto Correctional Facility, following his conviction and life sentence handed down on November 20. Justice Omotosho had earlier ordered that he be detained in any correctional facility in Nigeria except Kuje Prison.

However, on November 21, he was reportedly transferred to Sokoto, which Kanu stated is over 700 kilometres away from Abuja.

Request for Transfer Closer to Abuja

In his motion, Kanu also sought an order compelling the Federal Government and/or the Nigerian Correctional Service to transfer him from the Sokoto Correctional Facility to a custodial centre within the jurisdiction of the Abuja court.

Alternatively, he asked the court to order his relocation to any nearby facility such as Suleja or Keffi Custodial Centres, to enable him to effectively prosecute his constitutionally guaranteed right of appeal.

According to Akahi News, Kanu maintained that he is currently unrepresented by legal counsel and intends to personally pursue his appeal. He argued that the drafting of his notice of appeal and the compilation of the record of appeal require his direct interface with the registry of the Federal High Court and the Court of Appeal in Abuja.

“All persons critical to assisting the applicant in preparing his appeal, including his relatives, associates, and legal consultants, are based in Abuja,” the motion stated.

“The applicant’s continued detention in Sokoto renders his constitutional right to appeal impracticable, occasioning exceptional hardship and potentially defeating the said right, in violation of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

Kanu concluded that transferring him to a prison nearer Abuja would serve the interest of justice, enhance fair hearing, and preserve his constitutional rights.

What Happens Next

The matter has now been adjourned to December 8, when the court is expected to hear and determine the motion concerning Kanu’s transfer and his application to proceed in absentia.

Akahi News will continue to monitor developments around this high-profile legal battle and bring verified, timely updates to the public as proceedings unfold.

Akahi News www.akahinews.org