Why Appeal Court Struck Out Kanu’s Suit On Rights Violation Against DSS DG, AGF

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The Court of Appeal sitting in Abuja on Friday, November 28, 2025, struck out an appeal filed by leader of the proscribed Indigenous People of Biafra IPOB), Nnamdi Kanu on alleged rights violation.

The appellate court held following Kanu’s November 20, conviction for terrorism by a Federal High Court, the appeal had become academic and therefore lacked merit.

The three-member panel of the Appeal court held that Kanu’s claim that his fundamental rights to human dignity, right to quality health care and religion were breached by his detention in the facility of the Department of State Services (DSS), was no longer feasible following his conviction, life imprisonment sentence and remand in prison custody.

In the lead judgment, Justice Boloukuromo Moses Ugo held that the substance of the case has become academic following the confirmation by Kanu’s lawyer, Maxwell Opara, at the commencement of proceedings on Friday, that his client was being held in Sokoto prison.

Justice Ugo specifically said that the court could no longer order Kanu to be moved to Kuje prison to which he had sought to be relocated from the DSS custody.

According to Justice Ugo; “Having earlier exhibited preference for prison custody, the court could no longer grant his prayers since he has been convicted and sent to the prison where he had desired”.

The Appeal Court judgment was predicated on Kanu’s appeal against the July 3, judgment by Justice Taiwo Taiwo of the Federal High Court in Abuja (now retired), which had dismissed his fundamental rights enforcement suit on the grounds that he failed to prove his case.

Those that were listed as respondents in the appeal included the Director General of the Department of State Services (DSS), the Attorney General of the Federation (AGF) and the DSS.

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