Court Explains Why Kanu’s Rights Case Was Dismissed.

The Abuja Division of the Court of Appeal has struck out an appeal filed by the convicted leader of the Indigenous People of Biafra, Nnamdi Kanu, where he accused the Federal Government of violating his fundamental rights.

In the suit, the Director General of the Department of State Services and the Attorney General of the Federation were named as Respondents.

A three-member panel of the appellate court unanimously ruled that the appeal had become purely academic because Kanu has already been convicted and sentenced by the Federal High Court in Abuja.

Justice Boloukuromo Ugo, who delivered the lead judgement, explained that Kanu’s lawyer, Maxwell Opara, confirmed that his client is currently serving his sentence at the Sokoto Correctional Centre.

Based on that fact, the court held that Kanu’s request to be moved from DSS custody to Kuje Prison was no longer relevant. The panel also pointed out that Kanu had previously stated that he preferred to be held in prison custody, meaning his desire had already been met.

The case was struck out on the grounds of lacking merit.

Kanu’s appeal had challenged a July 3 judgement of Justice Taiwo Taiwo, who earlier dismissed a suit in which Kanu claimed that the DSS had breached his rights despite court orders.

In the earlier suit marked FHC/ABJ/CS/1585/21, Kanu said DSS officials denied him access to his lawyers and doctor, refused him a change of clothes, and also prevented him from practising his religion in custody.

The suit, which was supported by an affidavit from his younger brother, Emmanuel, also claimed that Kanu’s health had seriously deteriorated while in DSS detention. His lawyer urged the court to summon the DSS DG over alleged inconsistencies in the agency’s counter affidavit.

Opara further alleged that a “quack doctor” attached to DSS took Kanu’s blood sample about 21 times without presenting any medical report, and therefore asked the court to allow both parties to give oral evidence.

However, DSS counsel, I. Awo, argued that Kanu had not provided proof that the doctors who attended to him were unqualified. He said that merely labelling them as quacks did not create any contradiction. He also reminded the court that Kanu had once jumped bail before being re-arrested.

Awo added that there was no court order granting Kanu unrestricted access to a personal physician while in DSS custody.

The AGF’s representative, Simon Enoch, also urged the court to dismiss the case.

In his prayers, Kanu had requested access to an independent doctor from a certified government hospital, access to his lawyer, removal from solitary confinement, and an order stopping the DSS from further violating his constitutional rights.

Meanwhile, on November 20, the Federal High Court convicted Kanu on a seven-count terrorism charge brought against him by the Federal Government. Justice James Omotosho ruled that the prosecution had successfully proved its case and therefore sentenced him to life imprisonment.