Appeal Court Ends Nnamdi Kanu's Legal Challenge Over Detention Conditions
The Court of Appeal in Abuja has struck out an appeal filed by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), challenging alleged violations of his fundamental rights while in the custody of the Department of State Services (DSS). The court delivered this ruling on Friday, November 28, 2025, declaring the appeal without merit and academic following Kanu's recent conviction for terrorism offenses.
Court's Rationale for Dismissal
A three-member panel of the appellate court determined that Kanu's claims regarding breaches of his rights to human dignity, access to quality healthcare, and freedom of religion were no longer actionable after his life imprisonment sentence and subsequent transfer to prison custody. Justice Boloukuromo Moses Ugo, delivering the lead judgment, noted that the matter had become purely academic after confirmation by Kanu's lawyer, Maxwell Opara, that his client was now being held at Sokoto Prison.
The judge emphasized that the court could no longer grant Kanu's request to be transferred to Kuje Prison, which he had sought as part of the appeal. Justice Ugo further observed that since Kanu had previously indicated a preference for prison custody over DSS detention, the court could no longer grant his prayers given his current imprisonment at the type of facility he had desired.
Background of the Case
The appeal challenged the July 3 ruling of Justice Taiwo Taiwo of the Federal High Court in Abuja, who had dismissed Kanu's fundamental rights enforcement suit on grounds that he failed to substantiate his claims. The respondents in the appeal were the Director-General of the DSS, the Department of State Services, and the Attorney-General of the Federation.
This legal development comes shortly after Kanu's conviction on November 20, 2025, when a Federal High Court in Abuja delivered a series of rulings finding the IPOB leader guilty on multiple terrorism-related charges. Justice James Omotosho presided over the matter, first convicting Kanu on two counts linked to engaging in acts of terrorism.
The court held that his repeated declarations of sit-at-home orders, alongside threats of violence and killings issued through various broadcasts, amounted to terrorism under Nigerian law. As the judgment progressed, the court also ruled on three additional counts, convicting Kanu of belonging to a proscribed organization and of inciting his followers to violence.
Finality of Legal Proceedings
Justice Omotosho stated that prosecution evidence clearly showed Kanu remained a member of IPOB and its affiliate, the Eastern Security Network (ESN), despite their official proscription. The court further determined that broadcasts attributed to Kanu were shown to have encouraged attacks that led to the deaths of security personnel and the destruction of public facilities, including police stations.
The Appeal Court's judgment effectively ends Kanu's legal challenge to his detention conditions, following his life sentence for terrorism offences. This ruling represents another significant chapter in the long-running legal battles involving the controversial IPOB leader, whose case has drawn national and international attention since his initial arrest and subsequent trials.
