ABUJA – The Abuja Division of the Court of Appeal, on Friday, struck out an appeal the convicted leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, filed to challenge alleged violation of his fundamental rights by the Federal Government. 

The Director General of the Department of State Services, DSS, and the Attorney General of the Federation, AGF, were listed as Respondents in the case. 

In a unanimous decision, a three-member panel of the appellate court threw out the matter on the premise that it had turned to an academic exercise since Kanu was already convicted and sentenced by the Federal High Court in Abuja. 

The court, in its lead judgement that was delivered by Justice Boloukuromo Ugo, noted that Kanu’s lawyer, Maxwell Opara, confirmed that his client was already serving his sentence at the Sokoto Correctional Center. 

It held that in view of the development, the appeal for Kanu to be transferred from custody of the DSS to Kuje prison, had become irrelevant. 

More so, the panel held that since Kanu had earlier expressed a preference for prison custody, with his conviction and current remand at the Sokoto correctional facility, his desire had been met. 

Consequently, it struck out the case for want of merit. 

Specifically, the embattled IPOB leader had in the appeal, challenged the July 3 judgement of Justice Taiwo Taiwo of the trial court, which dismissed a suit he filed for the enforcement of his fundamental rights. 

He had in the suit marked: FHC/ABJ/CS/1585/21, alleged that the security agency, contrary to an order of the court, breached his rights. 

Aside from his allegation that he was repeatedly denied access to his lawyers and doctor, Kanu bemoaned that despite an order of the court, he was neither allowed to have a change of clothe nor to practice his religion in detention.

In the suit that was supported by an affidavit of urgency that was deposed to by his younger brother, Emmanuel, counsel to the IPOB leader told the court that the health of his client had badly deteriorated in DSS custody. 

Kanu’s lawyer urged the court to summon the DSS DG to appear before it to explain what he described as discrepancies in a counter affidavit the security agency filed in opposition to the suit. 

“We urge my lord to allow the parties to call oral evidence in this matter because the Applicant complained that a quack doctor from DSS has taken his blood sample about 21 times without bringing forth any medical report,” Opara submitted.

However, the DSS, through its lawyer, Mr. I. Awo, urged the court to decline the application, insisting that Kanu failed to prove that the doctors that attended to him were quacks.

He argued that merely stating that the medical doctors his office assigned to attend to Kanu were quacks, did not amount to conflict.

He told the court that the IPOB leader previously jumped bail and was subsequently re-arrested and re-arraigned.

Awo maintained that there was no court order that granted Kanu “unrestricted access to his personal physician while in the facility of the 1st and 2nd Respondents.”

Similarly, the AGF, through his lawyer, Mr. Simon Enoch, equally persuaded the court to dismiss the suit. 

Kanu had in his dismissed suit, prayed for: “An order of this court directing the Respondents to immediately allow the Applicant to appoint an independent Medical Practitioner of his choice from a certified government hospital to review the Applicant’s medical files.

“An order directing the Respondents to allow the Applicant access to a medical practitioner of his choice and a legal practitioner of his choice.

“An order of this court directing the Respondents to immediately remove the Applicant from solitary confinement.

As well as, “An order of perpetual injunction restraining the Respondents, their authorized agents by whatever name so called, from further disturbing or interfering with the rights of the Applicant to dignity of human person and freedom thought, conscience and religion or in any way infringing on the constitutional rights of the Applicant as guaranteed by law or from making any attempt capable of violating the Applicant’s rights as guaranteed under the Constitution.”

Meantime, the court, on November 20, convicted Kanu on a seven-count terrorism charge by the federal government filed against him. 

Justice James Omotosho, who held that the prosecution proved the elements of the charge beyond reasonable doubt, sentenced him to life imprisonment.

Source; Vanguard News