The Court of Appeal in Abuja has struck out an appeal filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), challenging the alleged violation of his fundamental rights during his detention by the Department of State Services (DSS).
A three-member panel of justices ruled on Thursday that the appeal had become purely academic following Kanu’s conviction, his life sentence, and his transfer from DSS custody to a correctional facility.
Delivering the lead judgment, Justice Boloukuromo Ugo said the court could no longer consider the reliefs sought, including Kanu’s request to be moved from DSS detention to Kuje prison. The judge noted that Kanu’s counsel, Maxwell Opara, confirmed that he is now being held in a Sokoto correctional centre. Since Kanu had previously indicated a preference for prison custody over DSS detention, Justice Ugo said the court “cannot order otherwise” now that he is being held in the type of facility he requested.
The appeal challenged a 2022 ruling by retired Justice Taiwo Taiwo of the Federal High Court in Abuja, which dismissed Kanu’s fundamental rights suit for lack of sufficient evidence. In the suit, Kanu had alleged that the DSS violated his rights to human dignity, adequate medical care, and freedom of religion. The DSS, its director-general, and the attorney-general of the federation were listed as respondents.
Kanu was convicted on November 20 on a seven-count terrorism charge and subsequently sentenced to life imprisonment.
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