The Abuja Division of the Court of Appeal on Friday 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 case.
A three-member panel of the appellate court dismissed the appeal on the grounds that it had become an academic exercise, noting that Kanu had already been convicted and sentenced by the Federal High Court in Abuja.
In its lead judgment, delivered by Justice Boloukuromo Ugo, the court observed that Kanu’s lawyer, Maxwell Opara, confirmed that his client is already serving his sentence at the Sokoto Correction Centre.
The court held that a request in the appeal seeking Kanu’s transfer from DSS custody to Kuje Prison could not be granted.
The judges also noted that, since Kanu had previously expressed a preference for prison custody, his current detention at the Sokoto Correctional Facility satisfied that desire.
Consequently, the court struck out the case for lack of merit.
Kanu had filed the appeal to challenge the July 3 judgment of Justice Taiwo Taiwo of the Federal High Court, which had dismissed his suit for the enforcement of his fundamental rights.
He was convicted on November 20 on a seven-count terrorism charge brought by the federal government.
Justice James Omotosho sentenced him to life imprisonment, ruling that the prosecution had proved all elements of the charges beyond a reasonable doubt.
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