The Abuja Division of the Court of Appeal has struck out an appeal filed by the convicted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, challenging alleged violations of his fundamental rights by the Federal Government.
The Director General of the Department of State Services (DSS) and the Attorney-General of the Federation (AGF) were listed as respondents in the suit.
A three-member panel of the appellate court dismissed the appeal on the grounds that it had become an academic exercise, since Kanu has already been convicted and is currently serving his sentence at the Sokoto Correctional Centre.
Delivering the lead judgment, Justice Boloukuromo Ugo noted that Kanu’s lawyer, Maxwell Opara, confirmed his client’s conviction and transfer out of DSS custody. The court held that the prayer seeking Kanu’s relocation from DSS detention to Kuje prison had been overtaken by events.
According to the court, since Kanu had previously indicated a preference for prison custody, his current incarceration at the Sokoto facility already meets that request.
The appeal was therefore struck out for lack of merit.
Kanu had sought to overturn the July 3 ruling of Justice Taiwo Taiwo of the Federal High Court, which dismissed his fundamental rights enforcement suit.
It will be recalled that Kanu was convicted on November 20 by Justice James Omotosho on a seven-count terrorism charge, after the court held that the prosecution proved its case beyond reasonable doubt. He was subsequently sentenced to life imprisonment.
