The Court of Appeal in Abuja, on Friday, struck out the appeal filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
A three-member panel of justices, in a unanimous judgement, held that the appeal lacked merit and had become academic following the Biafra agitator’s conviction for terrorism offences.
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The appeal is not the same as the one his legal team has vowed to file to challenge his recent conviction by the Federal High Court.
The News Agency of Nigeria (NAN) reports that the Federal High Court in Abuja, on 20 November, convicted and sentenced the IPOB leader to life imprisonment for acts of terrorism.
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Mr Kanu, whose trial lasted for 10 years, although interrupted for almost four years after he fled the country in 2017, was prosecuted for his violence inciting campaigns for the breakaway of Nigeria’s South-east and neighbouring region as an independent Biafra nation.
Mr Kanu, who was rearrested in Kenya and brought back to Nigeria to continue his trial in June 2021, attended his trial from the SSS custody in Abuja.
Mr Kanu had claimed in his rights enforcement action that his fundamental rights to human dignity, right to quality healthcare and religion were breached by his continued detention in the facility of the SSS.
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He prayed the appellate court to upturn the judgement of the Federal High Court in Abuja delivered by retired judge Taiwo Taiwo on 3 July 2022, which dismissed his suit against the Director General of the SSS and the Attorney-General of the Federation (AGF), on the grounds that he failed to prove his case.
The convicted IPOB leader had named the DG of the SSS and the AGF as the respondents.
Delivering the lead judgement of the Court of Appeal on Friday, Boloukuromo Ugo held that the appeal was no longer feasible since his conviction, life imprisonment sentence and remand in prison correctional centre.
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Mr Ugo held that the substance of the case had become academic because, since Mr Kanu’s lawyer, Maxwell Opara, confirmed at the proceedings on Friday, that his client was being held in Sokoto Correctional Centre, the court could no longer order him to be moved to Kuje Correctional Centre to which he had sought to be relocated from the SSS custody.
Mr Ugo further held that, having earlier exhibited preference for prison custody, the court could no longer grant his prayers since he had been convicted and sent to the correctional centre where he had wanted to be kept.
(NAN)
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