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 threw out the case on the grounds that it had become an academic exercise, as Kanu had already been convicted and sentenced by the Federal High Court in Abuja.
In its lead judgement, delivered by Justice Boloukuromo Ugo, the court noted that Kanu’s lawyer, Maxwell Opara, confirmed that his client is already serving his sentence at the Sokoto Correction Centre.
It held that, in view of the development, a prayer in the appeal seeking Kanu’s transfer from DSS custody to Kuje prison could not be granted.
Besides, the court held that, since Kanu had earlier expressed a preference for prison custody, his conviction and current remand at the Sokoto correctional facility satisfied that desire.
Consequently, it struck out the case for want of merit.
The embattled IPOB leader had, in the appeal, challenged the July 3 judgment of Justice Taiwo Taiwo of the trial court, which dismissed a suit he filed for the enforcement of his fundamental rights.
It will be recalled that the high court had on November 20, convicted Kanu on a seven-count terrorism charge that the federal government preferred against him.
Justice James Omotosho, who held that the prosecution proved the elements of the charge beyond a reasonable doubt, sentenced him to life imprisonment.
