By John Umeh
The Abuja Division of the Court of Appeal has thrown out a human rights appeal filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), ruling that the case has lost its relevance since Kanu is no longer in the custody of the Department of State Services (DSS).
A three-man panel delivered the decision on Thursday, holding that the issues raised in the suit were now merely theoretical. Kanu had accused the DSS of violating his fundamental rights during his time in their facility and asked the court to order his transfer to the Kuje Correctional Centre.
Reading the lead judgment, Justice Boloukuromo Ugo said the court could not grant any of the reliefs sought because circumstances had changed significantly. Kanu’s lawyer, Maxwell Opara, confirmed to the court that his client is currently serving a life sentence in a Sokoto correctional facility following his recent conviction.
Justice Ugo noted that Kanu had, at the time of filing the suit, insisted on being moved to a conventional prison instead of remaining in DSS detention. Now that he is in a correctional centre by virtue of his conviction, the judge said there was no legal basis for the court to intervene or revisit earlier complaints about DSS custody.
Kanu’s appeal was originally aimed at overturning a 2022 judgment by then-Justice Taiwo Taiwo of the Federal High Court, who dismissed the IPOB leader’s human rights claims for lack of proof. Kanu had alleged denial of proper medical treatment, infringement of his religious freedom, and inhumane conditions while held by the DSS. The DSS, its Director-General, and the Attorney-General of the Federation were named in the suit.
With Kanu’s conviction on seven terrorism-related charges on November 20 and his subsequent transfer to prison, the Appeal Court concluded that the matter had been overtaken by events and no longer required adjudication.
