Appeal Court Dismisses Nnamdi Kanu’s Rights Violation Suit Against DSS, AGF

The Court of Appeal, Abuja Division, has dismissed an appeal filed by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, in which he alleged violations of his fundamental rights by the Director-General of the Department of State Services (DSS) and the Attorney-General of the Federation (AGF).

A three-member panel of the appellate court held that the appeal lacked merit and had become academic following Kanu’s conviction and life imprisonment sentence by the Federal High Court in Abuja on November 20. The court said Kanu’s claims could no longer be considered since he was no longer in DSS custody.

Delivering the lead judgment, Justice Boloukuromo Ugo explained that the allegations of denial of medical care, dignity of person, and freedom of religion were overtaken by events, noting that Kanu’s lawyer, Maxwell Opara, confirmed that his client was now held at the Sokoto Correctional Centre.

The judge added that Kanu had previously expressed preference for prison custody, rendering his request for transfer from DSS detention irrelevant. He noted that the appeal also challenged an earlier judgment delivered on July 3 by retired Federal High Court Judge, Justice Taiwo Taiwo.

The lower court had dismissed Kanu’s suit on the grounds that he did not provide sufficient evidence to support claims of torture, inadequate medical care or violation of religious rights while in DSS custody.

“The appellant has failed to establish any credible violation of his fundamental rights, and the reliefs sought have been overtaken by his conviction and lawful remand in a correctional facility,” Justice Ugo stated.

“Having confirmed that the appellant is no longer in DSS custody, the court cannot entertain requests relating to his transfer or treatment within a facility where he is no longer being held,” he added.

In the original suit filed in December 2021 and marked FHC/ABJ/CS/1585/2021, Kanu alleged deteriorating health and claimed that medical personnel attending to him in DSS custody were unqualified. However, counsel to the DSS, Idowu Awo, argued that no evidence was presented to show the personnel were unqualified, while the AGF’s lawyer, Simon Enoch, urged the court to dismiss the application. The lower court eventually ruled that detainees may practise their religion, but such practice must not infringe on the rights or peace of others, and that Kanu failed to call any medical expert to substantiate his medical claims.