The Court of Appeal in Abuja has struck out the appeal by terrorism convict Nnamdi Kanu of the Indigenous People of Biafra (IPOB) because it was without merit and had become academic following his conviction for terrorism offenses by a Federal High Court in a judgement on November 20.
In a judgment on Friday, a three-member panel of the appellate court found that Kanu’s claim that his fundamental rights to human dignity, right to quality health care and religion were being breached by his continued detention in the facility of the Department of State Services, DSS, was no longer feasible since his conviction, life imprisonment sentence and remand in prison custody.
Justice Boloukuromo Moses Ugo, in the lead judgment, held that the substance of the case has become academic because, since Kanu’s lawyer (Maxwell Opara) confirmed at the commencement of proceedings on Friday, that his client was being held in Sokoto prison, the court could no longer order him to be moved to Kuje prison 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 has been convicted and sent to the prison where he had wanted to be kept.
The judgment was on Kanu’s appeal against the July 3 judgment by Justice Taiwo Taiwo of the Federal High Court in Abuja (now retired), which earlier dismissed his fundamental rights enforcement suit on the grounds that he failed to prove his case.
Listed as respondents in the appeal were the Director General of the DSS, DSS and the Attorney General of the Federation (AGF).
