By Obinna Uballa
The Court of Appeal in Abuja on Friday dismissed an appeal filed by the convicted leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, challenging alleged violations of his fundamental rights by the Director-General of the Department of State Services (DSS) and the Attorney-General of the Federation (AGF).
A three-member panel of the appellate court held that the appeal had become purely academic following Kanu’s conviction and life sentence delivered by the Federal High Court in Abuja on November 20.
Delivering the lead judgment, Justice Boloukuromo Ugo ruled that claims of rights violations – including alleged denial of proper medical care, freedom of religion and dignity of person – could no longer be entertained because Kanu is no longer in DSS custody but has been transferred to a correctional facility.
Justice Ugo noted that Kanu’s lawyer, Maxwell Opara, confirmed at the hearing that his client was now held at the Sokoto Correctional Centre, rendering the request for transfer from DSS custody to Kuje Correctional Centre irrelevant.
The court further observed that Kanu had earlier expressed preference for prison custody, meaning his prayers had been overtaken by subsequent events, including his conviction and lawful remand.
The appeal sought to overturn a July 3, 2023 judgment by now-retired Justice Taiwo Taiwo of the Federal High Court, who dismissed Kanu’s rights enforcement suit for lack of proof.
In the original suit filed in December 2021, Kanu alleged deteriorating health in DSS custody and claimed that medical personnel attending to him were unqualified. DSS counsel, Idowu Awo, countered that no evidence had been presented to substantiate the claim. The AGF’s counsel, Simon Enoch, also urged dismissal.
Justice Taiwo held that Kanu failed to provide credible evidence of torture, denial of religious rights or inadequate medical treatment. He noted that detainees may practise their religion, but not in ways that disturb others in custody.
The Federal High Court’s decision to throw out the suit for lack of merit has now been affirmed by the Court of Appeal.
