Justice James Omotosho, who presided over the matter, ruled that the request could not be granted without first hearing from the respondents—the Federal Government and the Nigerian Correctional Service (NCoS).
Kanu, through his lawyer, Demdoo Asan of the Legal Aid Council of Nigeria, had asked the court to compel authorities to move him to either Suleja or Keffi correctional facilities.
The defence argued that the transfer would enable Kanu to effectively pursue his appeal.
However, Justice Omotosho held that the relief sought could not be granted through an ex parte motion, stressing that such an application violates the basic principle of fair hearing.
According to the judge, the respondents must first be served and given an opportunity to respond.
In a firm remark from the bench, Justice Omotosho stated that even a law student would understand that the relief sought could not be granted without hearing the other parties.
The court consequently struck out the portion of the application requesting Kanu’s transfer and directed the prosecution and the Nigerian Correctional Service to be properly served.
Justice Omotosho also drew attention to inconsistencies in the notice of appeal filed by the defence.
He noted that the document was dated November 10, even though the judgment being appealed was delivered on November 20, making it procedurally defective and incapable of supporting the current application.
While responding, Asan explained that he had recently taken over the case and had been on official leave when he was called upon to represent Kanu in court.
The matter was adjourned to January 27, 2026, to allow for proper service of parties and for the application to be heard in line with due process.
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