The Court of Appeal in Abuja has struck out the appeal by terrorism convict, Nnamdi Kanu of the Indigenous People of Biafra (IPOB) on the grounds that it was without merit and had become academic following his conviction for terrorism offences by a Federal High Court in a judgment on November 20.
In a judgment on Friday, a three-member panel of the appellate court found that Kanu’s claim that his fundamental rights to human dignity, right to quality health care and religion were being breached by his continued detention in the facility of the Department of State Services (DSS) was no longer feasible since his conviction, life imprisonment sentence and remand in prison custody.
Justice Boloukuromo Moses Ugo, in the lead judgment, held that the substance of the case has become academic because, since Kanu’s lawyer (Maxwell Opara) confirmed at the commencement of proceedings on Friday, that his client was being held in Sokoto prison, the court could no longer order him to be moved to Kuje prison to which he had sought to be relocated from the DSS custody.
Justice Ugo further held that, having earlier exhibited preference for prison custody, the court could no longer grant his prayers since he has been convicted and sent to the prison where he had wanted to be kept.
The judgment was on Kanu’s appeal, marked: CA/ABJ/CV/813/2022 against the June 3, 2022 judgment by Justice Taiwo Taiwo of the Federal High Court in Abuja (now retired), which earlier dismissed his fundamental rights enforcement suit on the grounds that he failed to prove his case.
Listed as respondents in the appeal were the Director General of the DSS, DSS and the Attorney General of the Federation (AGF).
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Justice Ugo noted that the pertinent question was whether the request by the appellant that he be moved out of the DSS facility was still feasible now in the light of the recent public event concerning his trial.
He added: “It is a matter of common knowledge, which this court is bound to take judicial notice of, that the criminal trial of the appellant for which he was detained at the detention facility of the first and second respondents (DG, DSS and the DSS) has terminated in the recently televised judgment of James Omotosho J. of the Federal High Court on 20th November 2025 and convicting him of charges of terrorism, among others and sentencing him to life imprisonment.
“Even more significant is the further fact, which is equally of public knowledge, as confirmed by his counsel in court this morning, that the appellant has since been moved from the detention facility of the first and second respondents to a correctional facility in Sokoto State.
“Incidentally, the appellant himself had earlier complained, in his affidavit, that he had actually desired detention in a correctional facility.
“What that means is that the first and second respondents are no longer in a position to breach the fundamental human right to human dignity as he (Kanu) complained that they were doing for which he sought the orders of the lawyer court and this court, compelling them to afford him better treatment.
“In effect, the appellant’s fundamental rights enforcement application, and even the correctness of the decision of Taiwo Taiwo J, endorsing his continued detention in the detention facility of the first and second respondents, have all become academic and so, no longer worthy of deliberation, let alone decision by us,” Justice Ugo said and proceeded to strike out the appeal.