Appeal Court Dismisses Nnamdi Kanu’s Appeal, Says Case Now ‘Academic’ After Terrorism Conviction

The Court of Appeal in Abuja has dismissed the appeal filed by the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, ruling that the application has been overtaken by recent events and no longer has legal merit following his conviction and life sentence handed down by a Federal High Court on November 20.

A three-member panel of the appellate court delivered the judgment on Friday, holding that the reliefs sought in the appeal—which challenged alleged violations of Kanu’s fundamental rights while in the custody of the Department of State Services (DSS) were no longer applicable since he had already been transferred to a correctional facility after his conviction.

Delivering the lead ruling, Justice Boloukuromo Moses Ugo stated that the matter had become “academic” because Kanu’s counsel, Dr. Maxwell Opara, confirmed during the proceedings that the IPOB leader was no longer in DSS custody but detained at a correctional facility in Sokoto.

Kanu had argued in the dismissed appeal that his rights to human dignity, health care, and religious freedom were breached while he was detained by the DSS, and he had requested to be relocated from the agency’s custody to Kuje prison.

However, Justice Ugo held that since Kanu had now been moved to prison custody—which he had previously requested—the court could no longer issue an order on a matter that has already been overtaken by his conviction.

“Having earlier exhibited preference for prison custody, the court cannot now grant prayers based on a situation that no longer exists,” Justice Ugo ruled.

The appeal was filed against the earlier judgment delivered on July 3 by now-retired Federal High Court judge, Justice Taiwo Taiwo, who dismissed Kanu’s fundamental rights enforcement suit for lack of sufficient evidence.

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 ruling adds another legal setback for the IPOB leader, whose trial continues to generate national and international debate, with growing calls from politicians and civil groups for a political solution.

More updates to follow…