The Abuja Division of the Court of Appeal on Friday struck out the appeal filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
A three-member panel of justices, in a unanimous judgment, held that the appeal lacked merit and had become academic following Mr Kanu’s conviction for terrorism offences.
Justice James Omotosho of the Abuja Division of the Federal High Court (FHC) on November 20 convicted and sentenced the IPOB leader to life imprisonment after he was found guilty of terrorism offences charged by the State Security Service (SSS).
Mr Kanu had claimed, in the instant appeal, that his fundamental rights to human dignity, to quality healthcare, and to religion were being breached by his continued detention at the SSS facility.
He had prayed the appellate court to overturn the judgment of the FHC in Abuja delivered by retired Justice Taiwo Taiwo on July 3, 2022, which dismissed his suit against the director-general of the SSS and the Attorney-General of the Federation (AGF) on the grounds that he failed to prove his case.
The convicted IPOB leader named the DG of the SSS and the AGF as the first and second respondents.
Justice Boloukuromo Ugo, in the lead judgment, held that the appeal was no longer feasible since his conviction, life imprisonment sentence, and remand to a correctional centre.
Justice Ugo held that the substance of the case had become academic because, since Mr 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 SSS custody.
Justice Ugo further held that, having earlier exhibited a 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.
(NAN)