The Court of Appeal in Abuja has struck out an appeal filed by the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, challenging the alleged violation of his fundamental rights by the Director General of the Department of State Services (DSS) and the Attorney General of the Federation (AGF).
A three-man panel of the appellate court on Friday held that the case had become purely academic, following Kanu’s recent conviction and sentencing by the Federal High Court on November 20.
Delivering the lead judgment, Justice Boloukuromo Moses Ugo, noted that since Kanu is now serving a life sentence at the Sokoto Correctional Centre, his request to be transferred from DSS custody to Kuje prison could no longer be considered.
Justice Ugo observed that Kanu had previously indicated a preference for prison custody over DSS detention, but that his current incarceration in a correctional facility already satisfies that request.
The decision of the appellate court was in response to Kanu’s appeal against the July 3 judgment of retired Justice Taiwo Taiwo of the Federal High Court, Abuja, which dismissed his fundamental rights enforcement suit for lack of proof.
The panel subsequently struck out the appeal for lacking merit.
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It will be recalled that Justice James Omotosho of the Federal High Court, Abuja, on November 20, convicted and sentenced Kanu to life imprisonment after finding him guilty on a seven-count charge bordering on terrorism.
