Appeal Court throws out Nnamdi Kanu’s rights violation case against DSS, AGF

The Court of Appeal in Abuja on Friday dismissed an appeal filed by the convicted leader of the Indigenous People of Biafra, Nnamdi Kanu, over claims that his fundamental rights were violated by the Director-General of the Department of State Services and the Attorney-General of the Federation.

A three-man panel of the appellate court held that the application no longer had any legal substance, noting that the issues raised had become academic following his conviction and life sentence handed down by the Federal High Court in Abuja on November 20.

Delivering the lead judgment, Justice Boloukuromo Ugo explained that the allegations of rights violations—including denial of proper medical attention, dignity of person, and freedom of religion—could not be considered since Kanu had been moved out of DSS custody and was now held in a correctional centre.

Justice Ugo pointed out that Kanu’s counsel, Maxwell Opara, had confirmed at the start of the session that his client was being detained at the Sokoto Correctional Centre, rendering his earlier request for a transfer from DSS detention to Kuje prison irrelevant.

The appellate court also noted that Kanu had previously expressed his preference for prison custody, adding that his conviction and subsequent remand had overtaken the reliefs he sought.

The appeal was targeted at the July 3 ruling delivered by retired Federal High Court judge, Justice Taiwo Taiwo, who had dismissed the IPOB leader’s fundamental rights enforcement suit for lack of proof.

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The respondents included the DSS Director-General, the DSS, and the Attorney-General of the Federation.

In the original case filed in December 2021 and marked FHC/ABJ/CS/1585/2021, Kanu alleged that his health had deteriorated while in DSS detention and argued that the medical practitioners attending to him were unqualified.

But DSS counsel, Idowu Awo, opposed the claims, stating that Opara had failed to present any evidence showing the medical officials were “quacks.”

Similarly, counsel to the AGF, Simon Enoch, urged the court to dismiss the suit.

In its ruling, the Federal High Court found that Kanu had not proved instances of torture, denial of religious freedom, or inadequate medical attention. Justice Taiwo held that although detainees have the right to practise their religion, such practice must not disturb others in custody. On the issue of medical care, the court noted that Kanu did not call any medical expert to support his allegations.

The lower court subsequently dismissed the suit for lacking merit—a decision now affirmed by the Court of Appeal.