The Court of Appeal in Abuja has struck out the appeal by terrorism convict, Nnamdi Kanu of the Indigenous People of Biafra, IPOB, on the grounds that it was without merit and had become academic following his conviction for terrorism offenses by a Federal High Court in a judgment 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).
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