The Court of Appeal in Abuja on Friday struck out an appeal by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), saying the case had become academic after his conviction and imprisonment for terrorism offences.
Kanu, during the trial, had claimed that his rights to human dignity, religion and quality health care were being violated while in Department of State Services (DSS) custody.
A three-judge panel, led by Justice Boloukuromo Moses Ugo, held that Kanu’s claim could no longer be decided because he has now been convicted, sentenced to life and remanded to prison.
Justice Ugo said the core of the appeal was rendered pointless after Kanu’s lawyer, Maxwell Opara, told the court at the start of Friday’s hearing that his client was already being held in Sokoto prison.
The appeal had asked that Kanu be moved from DSS custody to Kuje correctional facility, but the judge said the court could not give that order now that Kanu was serving his sentence in the prison he preferred.
The appeal challenged a July 3 judgment by then-Federal High Court judge Taiwo Taiwo, which earlier dismissed Kanu’s fundamental rights suit on the ground that he had not proved his case.
The Director-General of the DSS, the DSS itself and the Attorney-General of the Federation were named respondents in the appeal.
By striking out the appeal, the appellate court found it lacked merit and no longer required determination. The decision leaves in place Kanu’s conviction and his current custody status.
Nigerians on all sides of the divide have had several reactions to the case, with many repeatedly arguing that his detention conditions violated his rights. Authorities, however, say his arrest and trial followed the law.
The Court of Appeal’s ruling closes this particular legal challenge, though Kanu’s lawyers may still consider other legal steps.
