The Court of Appeal in Abuja on Friday struck out an appeal filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) and convicted terrorism offender, challenging alleged violations of his fundamental rights while in the custody of the Department of State Services (DSS).
The court held that the appeal was without merit and had become academic following Kanu’s November 20 conviction for terrorism by a Federal High Court.
A three-member panel of the appellate court ruled that Kanu’s claims regarding breaches of his rights to human dignity, access to quality health care, and freedom of religion were no longer actionable after his life imprisonment sentence and subsequent remand in prison custody.
In the lead judgment, Justice Boloukuromo Moses Ugo noted that the matter had become academic following confirmation by Kanu’s lawyer, Maxwell Opara, at the start of proceedings that his client was being held at Sokoto Prison. Justice Ugo stated 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.
The judge further observed that since Kanu had previously indicated a preference for prison custody, the court could no longer grant his prayers in light of his conviction and current imprisonment at the facility he had desired.
The appeal challenged the July 3 ruling of Justice Taiwo Taiwo of the Federal High Court in Abuja, now retired, which had dismissed Kanu’s fundamental rights enforcement suit on the 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.
The court’s judgment effectively ends the legal challenge to Kanu’s detention conditions, following his life sentence for terrorism offences.
Justice James Omotosho, presiding over the matter, first found Kanu guilty 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 the relevant laws.
As the judgment progressed, the court also ruled on three additional counts, convicting Kanu of belonging to a proscribed organisation and of inciting his followers to violence.
Justice Omotosho stated that the prosecution presented evidence showing that Kanu remained a member of IPOB and its affiliate, the Eastern Security Network (ESN), despite their proscription.
The court further held 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.
