NNAMDI KANU Loses Fundamental Rights Enforcement Appeal Against DSS, AGF

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.

The appeal arose from the July 3 judgment of Justice TAIWO TAIWO of the Federal High Court judge, who is now retired, who dismissed KANU’s fundamental rights enforcement suit against the Director-General of the Department of State Services and the Attorney-General of the Federation for lack of proof.

The Appeal Panel of three justices held that KANU’s appeal lacked merit and had become academic following his conviction and life imprisonment by the Federal High Court in Abuja on November 20.

In the lead judgment, Justice BOLOUKUROMO UGO said the claims of rights violations, including alleged denial of adequate medical care, dignity of person and freedom of religion, could no longer be entertained since KANU was no longer in DSS custody but in a correctional facility.

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.

In the original suit filed in December 2021, marked FHC/ABJ/CS/1585/2021, KANU alleged deteriorating health while in DSS custody and claimed that medical personnel attending to him were unqualified.