The Court of Appeal in Abuja on Friday struck out an appeal filed by Indigenous People of Biafra, IPOB, leader, Mazi Nnamdi Kanu, over alleged violations of his fundamental rights during his detention.
Kanu had filed the appeal challenging the actions of the Department of State Services, DSS, and the Attorney General of the Federation, AGF. He claimed breaches to his rights to human dignity, quality health care, and freedom of religion while in custody. The IPOB leader sought relief following what he described as unlawful treatment and alleged violations of his fundamental rights during his detention.
However, a three member panel of the appellate court described the case as without merit and academic, following Kanu’s conviction for terrorism. Delivering the lead judgment, Justice Boloukuromo Moses Ugo noted that the substance of the appeal had become academic after Kanu’s lawyer, Maxwell Opara, confirmed that his client was being held in Sokoto prison. Justice Ugo further explained that the court could no longer grant Kanu’s request to be relocated to Kuje prison, as he had already been remanded in the facility he preferred, rendering that part of his appeal moot.
The appeal was directed against a July 3 ruling by Justice Taiwo Taiwo, now retired, of the Federal High Court in Abuja. Justice Taiwo had dismissed Kanu’s fundamental rights enforcement suit on the grounds that he failed to prove his case. The respondents in the appeal included the Director General of the DSS, the DSS itself, and the AGF.
Nnamdi Kanu was sentenced to life imprisonment by Justice James Omotosho of the Federal High Court after being found guilty on all seven counts of terrorism charges brought against him. In his ruling, Justice Omotosho stated that Kanu had not conducted himself properly throughout the proceedings and had caused unnecessary delays. He emphasized that the convict’s actions contributed significantly to the protraction of the trial, further undermining his claims of unfair treatment.
Legal analysts note that the appellate court’s decision effectively closes one of the last remaining avenues for Kanu to challenge his treatment in custody. It reinforces the legal standing of the DSS and AGF in handling his detention and highlights the limits of fundamental rights claims after conviction. The ruling is also expected to have implications for ongoing discussions about the rights of detained persons, the enforcement of fundamental rights in Nigeria, and the extent to which convictions can render such appeals academic.
Observers say the decision may also influence similar cases where individuals attempt to challenge alleged rights violations after criminal convictions, setting a legal precedent for the treatment of high profile detainees. The judgment underscores the judiciary’s stance that once a person has been convicted and properly remanded, appeals based solely on detention conditions may no longer be actionable unless new evidence arises.
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