The Abuja Division of the Court of Appeal, on Friday, struck out an appeal filed by the convicted leader of the Indigenous People of Biafra, Nnamdi Kanu, over allegations that the Federal Government violated his fundamental rights.
The Director General of the Department of State Services and the Attorney General of the Federation were listed as Respondents in the matter.
A three-man panel of the appellate court unanimously dismissed the case, ruling that the appeal had become a purely academic exercise since Kanu had already been convicted and sentenced by the Federal High Court in Abuja.
In the lead judgment delivered by Justice Boloukuromo Ugo, the court noted that Kanu’s lawyer, Maxwell Opara, confirmed that his client is currently serving his sentence at the Sokoto Correctional Centre.
Following that confirmation, the court held that the request to transfer Kanu from DSS custody to Kuje Prison no longer had any relevance. The panel added that since Kanu had previously stated that he preferred prison custody, his current detention in Sokoto Correctional Centre already fulfils that preference.
The appeal was therefore struck out for lack of merit.
Kanu had filed the appeal to challenge the July 3 judgment of Justice Taiwo Taiwo, who dismissed his suit seeking enforcement of his fundamental rights. In that suit, marked FHC/ABJ/CS/1585/21, Kanu accused DSS officials of violating court orders and infringing on his rights.
He alleged that, despite court directives, he was repeatedly denied access to his legal team and personal doctor. He also claimed he was not permitted to change his clothes or practise his religion while in custody.
The suit, supported by an affidavit of urgency sworn by his younger brother, Emmanuel, argued that Kanu’s health had severely deteriorated in DSS detention. His lawyer urged the court to summon the DSS DG to explain the claimed inconsistencies in the agency’s counter affidavit.
Opara further argued that a “quack doctor” attached to DSS had allegedly taken Kanu’s blood sample around 21 times without providing any medical report. He requested permission for both sides to present oral evidence.
However, the DSS, through its lawyer, I. Awo urged the court to reject the request, insisting that Kanu provided no proof that the medical officers who treated him were unqualified. Awo told the court that Kanu had previously jumped bail before being re-arrested, and argued that no court had granted him unrestricted access to a personal doctor.
Similarly, the AGF, represented by Simon Enoch, also asked the court to dismiss the suit.
Kanu’s prayers in the dismissed suit included requests for access to a medical practitioner of his choice, access to his lawyer, removal from solitary confinement, and an order restraining the DSS from further violating his constitutional rights.
Meanwhile, on November 20, the Federal High Court convicted Kanu on a seven-count terrorism charge filed by the Federal Government. Justice James Omotosho held that prosecutors proved the allegations beyond a reasonable doubt and subsequently sentenced him to life imprisonment.
