The Court of Appeal in Abuja has struck out the rights-violation case filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Director-General of the Department of State Services (DSS) and the Attorney General of the Federation (AGF).
The three-member appellate panel delivered the ruling on 28 November 2025, stating that the case had become “academic” following Kanu’s conviction on terrorism charges on 20 November 2025 and subsequent life imprisonment sentence.
Why the Court Dismissed the Case
- The court noted that Kanu’s key request transfer from DSS custody to another facility, specifically Kuje Correctional Centre was no longer relevant because he was already serving his sentence at Sokoto Correctional Centre.
- The judgment emphasized that since the relief sought was no longer actionable, there was no live controversy for the court to adjudicate.
- Justice Boloukuromo Moses Ugo, delivering the lead judgment, affirmed that the appeal lacked merit and could not be entertained under the changed circumstances.
Kanu’s appeal stemmed from an earlier fundamental-rights enforcement suit alleging violations by DSS and AGF, including:
- Denial of access to legal counsel
- Poor detention conditions
- Inadequate medical care
- Restriction of religious practice and violation of human dignity
The Federal High Court had dismissed that suit on 3 July 2025, ruling that Kanu failed to prove the allegations. After his conviction in November 2025, Kanu’s appeal effectively challenged the earlier dismissal. However, the appellate court found that his life sentence rendered the original claims moot.
Implications of the Ruling
- This decision closes one avenue for Kanu to challenge detention conditions prior to conviction.
- The case highlights a legal principle: rights-violation suits can be dismissed if the circumstances change and the relief sought is no longer applicable.
- Human rights observers note that while the appeal was dismissed on procedural grounds, it does not necessarily negate the substance of the original allegations.
- The ruling may influence future pre-trial rights claims, emphasizing the importance of timely action in detention-related suits.
The Court of Appeal’s ruling marks a significant development in Nnamdi Kanu’s legal journey, striking out his rights-violation case against DSS DG and AGF. With the appeal dismissed, legal experts suggest that any further redress will require new grievances arising under his current incarceration.
This case underscores the delicate balance between judicial process, detention rights, and procedural finality in Nigeria’s legal system.
