Appeal Court Rules Kanu's Rights Case 'Academic' After Conviction
The Court of Appeal in Abuja has dismissed an appeal filed by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), challenging alleged violations of his fundamental rights during detention by the Department of State Services (DSS).
A three-member panel of justices declared the matter purely academic on Thursday, following Kanu's recent conviction on terrorism charges and subsequent transfer from DSS custody to a correctional facility.
Judgment Details and Legal Reasoning
Justice Boloukuromo Ugo, who delivered the lead judgment, stated that the court could no longer entertain the reliefs sought by Kanu's legal team. The ruling came after Kanu's counsel, Maxwell Opara, confirmed that his client is now being held in a Sokoto correctional facility rather than DSS custody.
Justice Ugo emphasized that since Kanu had previously expressed preference for prison custody over DSS detention, and now finds himself in exactly that type of facility following his conviction, "the court cannot order otherwise."
The appeal had challenged a 2022 ruling by retired Justice Taiwo Taiwo of the Federal High Court in Abuja, who had originally dismissed Kanu's fundamental rights suit due to insufficient evidence presented by the IPOB leader.
Background of the Case and Allegations
In his original suit, Kanu had alleged multiple rights violations by the DSS, including:
- Violation of his right to human dignity
- Denial of proper medical care
- Restriction of his freedom of religion
The respondents in the appeal included the DSS, its director-general, and the attorney-general of the federation, all of whom were named in the fundamental rights challenge.
Kanu's legal journey took a significant turn when he was convicted on November 20 on a seven-count terrorism charge and subsequently sentenced to life imprisonment. This conviction and his transfer to correctional custody ultimately rendered his rights appeal moot in the eyes of the appellate court.
The court's decision marks another chapter in the ongoing legal battles surrounding the IPOB leader, whose detention and prosecution have drawn significant national and international attention.
