The Court of Appeal in Abuja has struck out an appeal filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, challenging the alleged violation of his fundamental rights by the Federal Government.
A three-member panel of the appellate court dismissed the matter on Friday, ruling that the case had become purely academic following Kanu’s recent conviction and sentencing by the Federal High Court in Abuja.
Delivering the lead judgment, Justice Boloukuromo Ugo noted that Kanu’s lawyer, Maxwell Opara, confirmed that the activist is currently serving his sentence at the Sokoto Correctional Centre. The court held that the reliefs being sought — particularly the request for Kanu’s transfer from DSS custody to Kuje prison — had become irrelevant in light of his present detention status.
The panel further observed that Kanu had previously expressed preference for prison custody, meaning his request had already been satisfied with his placement at the Sokoto facility.
As a result, the appeal was struck out for lacking merit.
Kanu had challenged the July 3 judgment of Justice Taiwo Taiwo, which dismissed his fundamental rights enforcement suit marked FHC/ABJ/CS/1585/21. In that suit, Kanu accused the Department of State Services (DSS) of violating a court order by allegedly denying him access to legal counsel, medical care, change of clothing, and the right to practice his religion.
His brother, Emmanuel, deposed an affidavit of urgency stating that Kanu’s health had deteriorated during his time in DSS custody. Opara urged the court to summon the DSS Director-General to address alleged inconsistencies in the agency’s filings, including claims that an unqualified doctor had taken Kanu’s blood samples multiple times without providing medical reports.
The DSS, through its counsel I. Awo, urged the court to dismiss the claims, insisting that Kanu provided no evidence that the medical personnel who attended to him were unqualified. Awo also reminded the court that Kanu had previously jumped bail before being re-arrested.
The Attorney General of the Federation (AGF), represented by Simon Enoch, also asked the court to throw out the suit.
Kanu had requested multiple orders, including access to an independent medical practitioner, access to his own lawyer, removal from solitary confinement, and a perpetual injunction preventing further rights violations.
However, the entire matter was overtaken by events after the Federal High Court, on November 20, convicted Kanu on a seven-count terrorism charge. Justice James Omotosho sentenced him to life imprisonment after ruling that the prosecution successfully proved its case.
With Kanu now serving his sentence, the Appeal Court concluded that there was no longer any live issue requiring judicial intervention.
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