The Court of Appeal in Abuja has dismissed the appeal filed by terrorism convict, Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, ruling that the case lacked merit and had become academic following his recent conviction by a Federal High Court.
The appellate court, in a decision delivered on Friday by a three member panel, held that Kanu’s claims of violations of his fundamental rights, including allegations of denial of human dignity, quality health care and freedom of religion while in the custody of the Department of State Services, DSS, were no longer tenable.
The court said these claims had been overtaken by events since his conviction, sentencing to life imprisonment and subsequent remand in prison custody.
Justice Boloukuromo Moses Ugo, who delivered the lead judgment, ruled that the matter had become academic after Kanu’s lawyer, Maxwell Opara, confirmed at the start of proceedings that his client was now being held in Sokoto prison.
He noted that, in light of this development, the court could no longer consider Kanu’s request to be moved from DSS custody to Kuje prison.
Justice Ugo further stated that, since Kanu had previously indicated a preference for prison custody, his current detention in a correctional facility meant the court could not grant the reliefs he sought.
The judgment stemmed from Kanu’s appeal challenging the July 3 ruling of Justice Taiwo Taiwo of the Federal High Court in Abuja, now retired, which dismissed his fundamental rights enforcement suit on the grounds that he failed to establish any breach.
Listed as respondents in the appeal were the Director General of the DSS, the DSS itself and the Attorney General of the Federation (AGF).