Abuja Federal High Court grants Legal Aid Council lawyer leave to withdraw, faults motion over lack of service and competence

Justice James Kolawole Omotosho of the Federal High Court sitting in Abuja has struck out an ex-parte application filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, seeking an order for his transfer from the Sokoto Correctional Facility.

At proceedings held on Tuesday, counsel to Kanu, Mr. Demdoo Asan, a senior legal officer with the Legal Aid Council, informed the court of his intention to withdraw from the case, citing irreconcilable differences with the applicant.

Asan told the court that since the last adjourned date, he had been in constant telephone communication with Kanu’s relatives, who were expected to visit his office to depose to the application. However, he said they failed to do so despite repeated calls and assurances.

According to the counsel, further complications arose when Kanu allegedly attempted to dictate how the case should be conducted in court.

“He wants to write down what I would say while in court. But as an officer of the court, I cannot in good faith accept that,” Asan told the judge.

He added that after consulting with his superiors at the Legal Aid Council, they unanimously agreed that legal practitioners must retain professional independence in handling matters before the court.

“When a matter comes to us, we handle it as we deem fit professionally. Otherwise, the applicant is free to seek legal representation elsewhere,” he said.

Consequently, Asan invoked Order 50, Rule 1 of the Federal High Court Rules, formally applying to withdraw from the matter.

In his ruling, Justice Omotosho commended the counsel for upholding the dignity and integrity of the legal profession and granted leave for Asan and the Legal Aid Council to withdraw from representing Kanu.

The judge further held that the ex-parte motion before the court was incompetent.

“In the interest of justice and fairness, this court directed that other parties involved in the matter be put on notice,” Justice Omotosho said.

He noted, however, that from the last adjourned date of December 8, 2025, to January 27, 2026, there was no proof of service before the court.

On that basis, the court ordered that the ex-parte motion be struck out for lack of competence.

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