By Yemi Oyeyemi
The Court of Appeal in Abuja has struck out an appeal filed by convicted IPOB leader, Nnamdi Kanu, ruling that the case has become academic following his recent conviction and sentencing for terrorism offences.
In a judgment delivered on Friday, a three-member panel held that Kanu’s claims of rights violations—including alleged breaches of his right to human dignity, access to quality healthcare and freedom of religion—could no longer stand since he is now a convicted prisoner serving a life sentence.
Justice Boloukuromo Moses Ugo, who delivered the lead judgment, explained that the court could not grant the reliefs sought by Kanu, particularly his request to be transferred from the custody of the Department of State Services (DSS) to Kuje prison. The judge noted that Kanu’s own counsel, Maxwell Opara, confirmed at the start of proceedings that his client was currently being held at the Sokoto Correctional Centre.
According to Justice Ugo, the developments rendered the appeal moot. He added that because Kanu had earlier expressed a preference for prison custody over DSS detention, the court could not revisit those issues after he had already been convicted and transferred to a correctional facility.
The judgment relates to Kanu’s challenge of a July 3 ruling by now-retired Justice Taiwo Taiwo of the Federal High Court, Abuja, which dismissed his fundamental rights enforcement suit for lack of proof. The Director-General of the DSS, the DSS itself, and the Attorney-General of the Federation (AGF) were listed as respondents in the appeal.
