Appeal Court Strikes Out Nnamdi Kanu’s Rights Violation Suit Against DSS DG, AGF

The Court of Appeal in Abuja on Friday dismissed an appeal filed by convicted IPOB leader, Nnamdi Kanu, over alleged violations of his fundamental rights while in the custody of the Department of State Services (DSS). The appellate court ruled that the matter had become academic following Kanu’s November 20 conviction for terrorism and subsequent transfer to prison custody.

A three-member panel of the Court of Appeal held that Kanu’s claims, ranging from alleged breaches of his rights to human dignity, quality healthcare and freedom of religion, could no longer be entertained after his conviction and life imprisonment sentence issued by a Federal High Court.

Delivering the lead judgment, Justice Boloukuromo Moses Ugo stated that the issues raised in the appeal had lost relevance once Kanu’s counsel, Maxwell Opara, confirmed at the start of proceedings that his client was now being held in the Sokoto prison facility. The court noted that it could no longer grant Kanu’s request to be moved from DSS detention to Kuje prison since he was no longer in DSS custody.

Justice Ugo further explained that Kanu had previously expressed preference for prison custody and that, having now been convicted and confined to the facility he desired, his appeal seeking relocation had been overtaken by events.

The decision arose from Kanu’s challenge to a July 3 judgment delivered by now-retired Justice Taiwo Taiwo of the Federal High Court in Abuja, which dismissed his fundamental rights enforcement suit for lack of proof.

The Director General of the DSS, the DSS itself and the Attorney General of the Federation (AGF) were listed as respondents in the appeal.