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The Court of Appeal Abuja Division has struck out the appeal by terrorism convict, Nnamdi Kanu, on the grounds that it was without merit and had become academic following his conviction for terrorism offences by a Federal High Court in a judgment on November 20.
In a judgment, a three-member panel of the appellate court found that Kanu's claim that his fundamental rights to human dignity, right to quality health care and religion were being breached by his continued detention in the facility of the Department of State Services (DSS) was no longer feasible since his conviction, life imprisonment sentence and remand in prison custody.
Justice Boloukuromo Moses Ugo, in the lead judgment, held that the substance of the case has become academic because, since Kanu's lawyer, Maxwell Opara, confirmed at the commencement of proceedings that his client was being held in Sokoto prison, the court could no longer order him to be moved to Kuje prison to which he had sought to be relocated from the DSS custody.
Justice Ugo further held that, having earlier exhibited preference for prison custody, the court could no longer grant his prayers since he has been convicted and sent to the prison where he had wanted to be kept.
Listed as respondents in the appeal were the Director General of the DSS, DSS and the Attorney General of the Federation and Minister of Justice.
Nnamdi Kanu, a man who in the opinion of the court is an international terrorist leading a proscribed international terrorist organisation, was sentenced to life imprisonment by the trial court.