Appeal Court Dismisses Nnamdi Kanu’s Rights Violation Case, Says Claims Now Irrelevant

The Abuja Division of the Court of Appeal on Friday dismissed an appeal filed by the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, seeking to enforce his fundamental rights against the Director-General of the Department of State Services (DSS) and the Attorney-General of the Federation (AGF).

A three-man panel of the court held that the matter had been overtaken by events following Kanu’s recent conviction and life sentence delivered by the Federal High Court in Abuja on November 20.

Delivering the lead judgment, Justice Boloukuromo Ugo ruled that the claims of rights violations – including alleged denial of medical care, infringement on his dignity, and restriction of religious practice – could no longer be determined because Kanu is no longer in DSS custody.

Kanu’s counsel, Maxwell Opara, confirmed at the start of proceedings that his client had been transferred to the Sokoto Correctional Centre, making his earlier request for relocation from DSS custody to Kuje prison unnecessary.

The court further noted that Kanu had previously expressed a preference for being remanded in prison custody, reinforcing that the appeal had become academic.

The appeal challenged the July 3, 2023 judgment of retired Federal High Court judge, Justice Taiwo Taiwo, who dismissed Kanu’s fundamental rights enforcement suit for lack of evidence.

In the initial suit filed in December 2021, Kanu alleged deteriorating health conditions and claimed that the medical personnel attending to him in DSS custody were unqualified. DSS lawyer, Idowu Awo, countered that no proof was provided to support the allegations. The AGF’s counsel, Simon Enoch, also urged dismissal of the suit.

Justice Taiwo later held that Kanu failed to substantiate claims of torture, denial of religious rights, or inadequate medical treatment, noting particularly that no medical expert testified to back the allegations.

The Federal High Court’s ruling has now been upheld and affirmed by the Court of Appeal.