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Court of Appeal rules that Kanu’s rights-violation claims are academic following his conviction and transfer from DSS custody.
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Judges hold that his complaints—including alleged denial of medical care and religious freedom—cannot stand since he is now in a correctional facility.
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The court affirms the Federal High Court’s earlier dismissal for lack of evidence.
The Court of Appeal, Abuja Division, on Friday dismissed an appeal filed by the convicted leader of the Indigenous People of Biafra, Nnamdi Kanu, in which he alleged that his fundamental rights were violated while in the custody of the Department of State Services (DSS).
A three-member panel held that the appeal had no merit and had become purely academic following Kanu’s conviction and life imprisonment sentence delivered by the Federal High Court in Abuja on November 20.
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Delivering the lead judgment, Justice Boloukuromo Ugo ruled that claims of rights violations—such as alleged denial of dignity of person, adequate medical care, and freedom of religion—could no longer be considered because Kanu is no longer held by the DSS, but in a correctional centre.
Justice Ugo pointed out that Kanu’s lawyer, Maxwell Opara, confirmed at the start of proceedings that his client was being detained at the Sokoto Correctional Centre, making his request for transfer from DSS to Kuje prison irrelevant. The judge noted that Kanu had previously indicated that he preferred prison custody.
READ ALSO: Court Declines Request to Move Nnamdi Kanu to Abuja for Appeal Records
The appeal sought to overturn the July 3, 2022 judgment of retired Justice Taiwo Taiwo, who dismissed the fundamental rights enforcement suit for lack of evidence.
In the original 2021 suit, marked FHC/ABJ/CS/1585/2021, Kanu claimed deteriorating health and alleged that DSS medical personnel attending to him were unqualified. But DSS counsel Idowu Awo countered that no evidence was presented to show that the medical personnel were “quacks.”
Similarly, counsel to the Attorney-General of the Federation, Simon Enoch, urged the court to dismiss the application for lack of proof.
The Federal High Court had held that Kanu failed to provide credible evidence of torture, denial of religious freedom, or inadequate medical attention. Justice Taiwo ruled that while detainees have a right to practise their religion, such practice cannot breach the rights or peace of others in custody.
With Friday’s ruling, the Court of Appeal has affirmed the earlier decision of the Federal High Court, concluding that the case lacked merit.
