The Court of Appeal in Abuja has dismissed a case brought by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), in which he challenged the alleged violation of his fundamental rights while in the custody of the Department of State Services (DSS).
A three-member panel ruled on Thursday that the matter is now academic, given that Kanu has since been convicted, handed a life sentence, and transferred from DSS custody to a correctional facility.
In the lead judgment, Justice Boloukuromo Ugo explained that the court could no longer grant the reliefs Kanu sought — including an order for his transfer from the DSS facility to Kuje prison — because his counsel, Maxwell Opara, confirmed that Kanu is currently being held at a correctional centre in Sokoto.
Ugo noted that Kanu had earlier expressed a preference for prison custody over the DSS detention centre. Now that he has been convicted and remanded in the facility he preferred, the court, he said, cannot issue a contrary order.
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Kanu’s appeal challenged a 2022 decision by retired Federal High Court judge, Justice Taiwo Taiwo, who dismissed his fundamental rights suit for lack of proof. In that suit, Kanu accused the DSS of denying him human dignity, proper medical care, and freedom to practise his religion.
The DSS, its Director-General, and the Attorney-General of the Federation (AGF) were named as respondents in the case.
Kanu was convicted on November 20 on a seven-count terrorism charge and subsequently sentenced to life imprisonment.
Summary of Appeal Court Strikes Out Nnamdi Kanu’s Rights Violations Suit Against DSS
- The Court of Appeal in Abuja struck out Nnamdi Kanu’s appeal on alleged rights violations, saying the case is now academic.
- The court ruled it cannot grant his requested reliefs since he has already been convicted and moved from DSS custody to a Sokoto correctional facility.
- The appeal challenged a 2022 judgment that dismissed his claim that the DSS violated his rights to dignity, healthcare, and religious freedom.
- Kanu is currently serving a life sentence after being convicted on a seven-count terrorism charge on November 20.
