The Court of Appeal in Abuja, on Friday, struck out the appeal filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
A three-member panel of justices, in a unanimous judgement, held that the appeal lacked merit and had become academic following Kanu’s conviction for terrorism offences.
Justice James Omotosho of the Federal High Court (FHC) in Abuja, on November 20, convicted and sentenced the IPOB leader to life imprisonment after he was found guilty of terrorism offences charged by the Department of State Services (DSS).
Kanu had claimed, in the instant appeal, that his fundamental rights to human dignity, right to quality healthcare and religion were being breached by his continued detention in the facility of the DSS.
He had prayed the appellate court to upturn the judgement of the FHC in Abuja delivered by retired Justice Taiwo Taiwo on July 3, 2022, which dismissed his suit against the Director General (DG) of the DSS and the Attorney-General of the Federation (AGF), on the grounds that he failed to prove his case.
The convicted IPOB leader had named the DG DSS and AGF as 1st and 2nd respondents.
Justice Boloukuromo Ugo, in the lead judgement, held that the appeal was no longer feasible since his conviction, life imprisonment sentence and remand in prison correctional centre.
Justice Ugo held that the substance of the case had become academic because, since Kanu’s lawyer, Maxwell Opara, confirmed at the proceedings on Friday, that his client was being held in Sokoto Correctional Centre, the court could no longer order him to be moved to Kuje Correctional Centre to which he had sought to be relocated from the DSS custody.
Justice Ugo further held that, having earlier exhibited preference for prison custody, the court could no longer grant his prayers since he had been convicted and sent to the correctional centre where he had wanted to be kept.
