APPELLATE COURT DISMISSES NNAMDI KANU'S RIGHT VIOLATION SUIT

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The Court of Appeal in Abuja heard an appeal from Nnamdi Kanu, the leader of the Indigenous People of Biafra, but decided to dismiss it.

Kanu had appealed against what he claimed were violations of his basic rights by the Director-General of the Department of State Services and the Attorney-General of the Federation.

A panel of three judges on the appellate court ruled that the appeal had no real value now, because Kanu was already convicted and sentenced to life in prison by the Federal High Court in Abuja on November 20.

Justice Boloukuromo Ugo, who wrote the main judgment, said the claims about his rights being violated, such as not getting proper medical care, being treated with dignity, and freedom of religion, could not be considered anymore.
This is because Kanu is now in a correctional facility, not under the custody of the DSS.

Justice Ugo noted that Kanu’s lawyer, Maxwell Opara, had confirmed at the start of proceedings that his client was being held at the Sokoto Correctional Centre, making the request for transfer from DSS custody to Kuje prison irrelevant.

The judge added that Kanu had earlier indicated preference for prison custody, and therefore his prayers had been overtaken by events following his conviction and lawful remand.

The appeal challenged the July 3 judgment of retired Federal High Court judge, Justice Taiwo Taiwo, who dismissed Kanu’s fundamental rights enforcement suit for lack of proof.

The people involved in the case were the DSS Director-General, the DSS, and the AGF.

In the original lawsuit filed in December 2021, with the case number FHC/ABJ/CS/1585/2021, Kanu said his health was getting worse while he was in DSS custody and claimed the medical people helping him weren’t qualified.

But the lawyer for DSS, Idowu Awo, said Opara didn’t show any proof that the medical staff were fake or unskilled.

The lawyer for the AGF, Simon Enoch, also asked the court to throw out the case.

In its decision, the trial court said Kanu didn’t give enough proof that he was tortured, his religious freedom was taken away, or he didn’t get proper medical care.

The judge, Justice Taiwo, said although detainees can practice their religion, they can’t do it in a way that harms others or breaks the peace in the place where they are held.