The Court of Appeal in Abuja, on Friday, struck out the appeal by the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, for being incompetent and lacking in merit.
This was as the South East Amalgamated Markets Traders Association (SEAMATA) has called on President Bola Tinubu to intervene in the life sentence handed down to IPOB leader, Kanu.
A three-member panel of the appellate court struck out the appeal on the grounds that it has become academic following Kanu’s terrorism conviction by a Federal High Court, Abuja, on November 20.
According to the panel, 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 judgement, held that the substance of the case has become academic because, since Kanu’s lawyer (Maxwell Opara) confirmed at the commencement of proceedings on Friday, 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.
The judgement was on Kanu’s appeal against the July 3 judgement by Justice Taiwo Taiwo of the Federal High Court in Abuja (now retired), which earlier dismissed his fundamental rights enforcement suit on the grounds that he failed to prove his case.
Listed as respondents in the appeal were the Director General of the DSS, DSS and the Attorney General of the Federation (AGF).
Meanwhile, the South East Amalgamated Markets Traders Association in a statement by its President General, Chief Emeka Emechebe, condemned the judgement of the Federal High Court, Abuja, which sentenced Kanu to life imprisonment.
The group, which is the apex union of traders across the five South-east states and those of Igbo origin conducting business nationwide and abroad, after its general meeting in Enugu described the verdict as a “rude shock” insisting it amounted to a miscarriage of justice.
SEAMATA recalled that the Court of Appeal, Abuja, had on October 13, 2022, discharged and acquitted Kanu of terrorism charges. Despite that ruling, the IPOB leader remained in detention until last week’s conviction.
The traders expressed concern that the sentence was based on a law they noted had been repealed years earlier, describing the development as “a travesty of justice.”
The association further pointed out that several prominent Igbo elder statesmen including former Ohanaeze Ndigbo President General, the late Engr. Emmanuel Iwuanyanwu; the late Chief Mbazulike Amechi; and the late constitutional lawyer, Prof. Ben Nwabueze (SAN) had appealed to former President Muhammadu Buhari for a political solution to Kanu’s case, though their efforts did not materialise before their deaths.
SEAMATA urged President Tinubu to intervene through the prerogative of mercy and adopt a political solution that would lead to Kanu’s release, saying such a move would help restore calm, reduce insecurity and ease youth restiveness in the South-east.
The group also called on the governors of the South-east states to lend their voices to the quest for justice and a peaceful resolution.
“We are anxiously expecting a positive and gracious consideration of our humble request from our ever-listening President,” the group stated.
Alex Enumah
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