Court of Appeal in Abuja has struck out an appeal filed by Nnamdi Kanu, leader of Indigenous People of Biafra (IPOB), in which he challenged alleged violations of his fundamental rights while in the custody of Department of State Services (DSS).
Gatekeepers News reports that Kanu was convicted on November 20 on a seven-count terrorism charge and sentenced to life imprisonment.
A three-man panel ruled on Thursday that the case had become academic due to Kanu’s recent conviction, life sentence, and subsequent transfer from DSS detention to a correctional centre.
Delivering the lead judgment, Justice Boloukuromo Ugo said the court could no longer issue the reliefs requested such as an order to move Kanu from DSS custody to Kuje prison, after his lawyer, Maxwell Opara, confirmed that he is now being held at a correctional facility in Sokoto.
Ugo added that Kanu had previously indicated a preference for prison custody rather than the DSS facility. Since he is now detained in the type of facility he preferred and is serving a sentence, the court cannot make any contrary orders.
The appeal challenged the 2022 judgment of retired Federal High Court judge Taiwo Taiwo, who dismissed Kanu’s fundamental rights suit for lack of evidence.
Kanu had alleged that the DSS violated his rights to dignity, proper medical treatment, and freedom of religion. The DSS, its director-general, and the Attorney-General of the Federation (AGF) were listed as respondents.
