ABUJA– The Abuja Division of the Court of Appeal, on Friday, struck out an appeal the convicted leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, filed to challenge alleged violation 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 premise that it had turned to an academic exercise since Kanu has already been convicted and sentenced by the Federal High Court in Abuja.
In its lead judgement that was 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 Center.
It held that in view of the development, a prayer in the appeal, which sought 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, with his conviction and current remand at the Sokoto correctional facility, his desire had been met.
Consequently, it struck out the case for want of merit.
The embattled IPOB leader had in the appeal, challenged the July 3 judgement 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 the federal government preferred against him.
Justice James Omotosho, who held that the prosecution proved the elements of the charge beyond reasonable doubt, sentenced him to life imprisonment.
Leave a Reply