Court of Appeal dismisses Nnamdi Kanu rights appeal, upholding his life sentence and rejecting claims of DSS custody violations

The Court of Appeal, Abuja Division, on Friday struck out an appeal filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), challenging alleged violations of his fundamental rights.

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Kanu’s appeal targeted the Director-General of the Department of State Services (DSS) and the Attorney-General of the Federation (AGF), claiming denial of adequate medical care, freedom of religion, and personal dignity while in DSS custody.

A three-member appellate panel ruled the appeal lacked merit and had become academic following Kanu’s conviction and life imprisonment by the Federal High Court in Abuja on November 20.

Justice Boloukuromo Ugo, delivering the lead judgment, noted that Kanu was no longer in DSS custody but in a correctional facility, rendering the appeal irrelevant.

The judge also referenced statements from Kanu’s lawyer, Maxwell Opara, confirming his client was held at the Sokoto Correctional Centre, making any request for transfer from DSS to Kuje prison unnecessary.

Justice Ugo added that Kanu had previously indicated a preference for prison custody, further undermining the appeal.

The appeal contested the July 3 ruling of retired Federal High Court judge, Justice Taiwo Taiwo, who dismissed Kanu’s fundamental rights suit due to lack of evidence.

DSS counsel, Idowu Awo, had argued that no proof was provided to show that medical personnel attending to Kanu were unqualified, while the AGF’s lawyer, Simon Enoch, urged dismissal of the case.

In the original December 2021 suit (FHC/ABJ/CS/1585/2021), Kanu alleged deteriorating health while in DSS custody and claimed medical staff were unqualified.

However, the trial court found no credible evidence of torture, denial of religious freedom, or inadequate medical care.

The court emphasised that while detainees have the right to practise their religion, it must not infringe on the rights or peace of others in custody.

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The Federal High Court’s dismissal has now been upheld and affirmed by the Court of Appeal, effectively closing the case.