The Court of Appeal, Abuja, has affirmed the judgment of the Federal High Court, which dismissed the fundamental rights enforcement suit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), against the Department of State Services (DSS).
Justice Boloukuromo Moses Ugo delivered the judgement of the three-man appellate panel dismissing the appeal, citing Kanu’s recent conviction by the Federal High Court.
The development comes days after the Federal High Court in Abuja convicted Kanu (life imprisonment) for terrorism, including ordering the sit-at-home directive across the Southeast, contrary to Nigerians’ constitutional rights to freedom of movement and personal liberty.
Legal Dispute
Nairametrics previously reported that on December 13, 2021, Kanu, in a suit marked FHC/ABJ/CS/1585/2021, sued the Director-General of the DSS and the DSS, seeking enforcement of his fundamental rights as allegedly guaranteed under the Constitution, amidst the federal government’s terrorism trial against him.
Kanu’s counsel, Maxwell Opara, alleged that his client’s health was deteriorating in DSS custody due to being treated by unqualified medical personnel.
In response, DSS lawyer Idowu Awo disagreed, arguing that the applicant had not proved his claims that the doctors attending to Kanu were incompetent.
He noted that merely stating that the medical personnel were “quacks” was insufficient and argued that Mr. Opara did not present any material evidence to substantiate his claims.
He therefore urged the court to dismiss the application.
Similarly, the AGF’s counsel, Simon Enoch, aligned with Awo’s submission and also prayed the court to reject Opara’s application.
In his ruling at the time, Justice Taiwo held that Kanu failed to provide sufficient evidence to prove that the DSS violated his fundamental rights “as there was no proof of torture.” The case was thereafter dismissed.
Both parties subsequently approached the Court of Appeal for redress.
Kanu maintained his position from the trial court, while Awo urged the appellate court to uphold the ruling and take judicial notice of the ongoing terrorism trial.
Appeal Court Judgment
Delivering its verdict, the Appeal Court struck out Kanu’s case for lacking merit and for being “academic,” in view of his recent conviction for terrorism offences by the Federal High Court in a ruling delivered on November 20.
- The appellate court held that Kanu’s claims regarding his human dignity, right to quality healthcare, and religious freedom being infringed upon by continued detention at the DSS facility could no longer stand, considering his conviction, life imprisonment sentence, and remand to correctional custody.
- Justice Boloukuromo further noted that Kanu’s counsel, Maxwell Opara, confirmed at Friday’s proceedings that his client was being held at the Sokoto prison.
- The judge stated that the court could no longer order his transfer to Kuje Prison.
- Justice Ugo concluded that, given Kanu’s earlier preference for prison custody, the Court of Appeal could no longer grant his pleas since he had already been convicted and transferred to the correctional facility he had requested.
What You Should Know
On March 16, 2022, the court dismissed the fundamental rights case filed by Mr. Opara, which sought to summon the DSS DG and Kanu to give evidence regarding his rights claim in light of the terrorism trial.
Regarding the referenced terrorism trial, the Federal High Court (per Justice James Omotosho) convicted Kanu and sentenced him to life imprisonment on terrorism charges.
In line with court rules, Kanu’s only remaining options are to approach the Court of Appeal and the Supreme Court to attempt to set aside his conviction.
Until a final decision is reached by the superior courts, Kanu will remain in correctional custody.
