The Court of Appeal in Abuja has struck out an appeal filed by the leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu, marking another major legal setback in his long-running battle against the Nigerian government.
According to DDM, Kanu’s appeal centred on allegations that his fundamental human rights were violated during his detention by the Department of State Services.
He claimed that the DSS denied him proper medical treatment, subjected him to inhumane conditions, and restricted his religious practices while he was in their custody.
A three-member panel of the Court of Appeal dismissed the case, declaring that it lacked merit and had become purely academic following his recent conviction for terrorism.
The panel explained that because a Federal High Court has already sentenced Kanu to life imprisonment, the arguments about his treatment while in DSS custody no longer held actionable legal weight.
The court noted that Kanu’s rights-based claims were overtaken by events after the judgment delivered on November 20 convicted him on all seven terrorism charges brought against him.
According to the court, once a conviction and sentencing have occurred, earlier complaints about detention conditions cannot form the basis of a valid appeal.
Justice Boloukuromo Moses Ugo delivered the lead judgment in the case.
He explained that the appeal effectively collapsed when Kanu’s lawyer, Maxwell Opara, confirmed in open court that his client was no longer in DSS custody but was already being held in Sokoto prison.
This admission meant that the relocation request forming part of the appeal had become irrelevant.
Justice Ugo further stated that the appellate court could not grant Kanu’s request to be moved to Kuje prison since he had already been transferred to a facility he preferred.
The court emphasized that once a detainee’s conditions change in a way that nullifies the central argument of an appeal, the matter becomes academic and must be dismissed.
The appeal was originally filed to challenge a July 3 decision delivered 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 provide sufficient evidence to support his allegations of mistreatment by the DSS.
The Director General of the DSS, the DSS as an institution, and the Attorney General of the Federation were listed as respondents in the appeal.
The appellate court upheld the earlier ruling that Kanu’s claims lacked proof and therefore could not succeed.
In a related development, Justice James Omotosho of the Federal High Court had recently sentenced Kanu to life imprisonment.
He found him guilty on all counts of terrorism, stating that the defendant repeatedly obstructed proceedings and contributed to unnecessary delays throughout the trial process.
Justice Omotosho stressed that Kanu’s behaviour during the hearings showed a pattern of deliberate disruption, which the court took into account when reaching its final conclusion.
The dismissal of the appeal further solidifies the legal position of the Federal Government regarding Kanu’s case, making his path to relief through the courts increasingly narrow.
Legal analysts say the ruling reflects the judiciary’s firm stance on procedural clarity and the need for appeals to maintain relevance before they can be considered.
For now, Nnamdi Kanu remains in Sokoto prison, serving his life sentence while his legal team considers their remaining options within the Nigerian judicial system.