The Court of Appeal in Abuja, on Friday, struck out the appeal filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on the grounds that it lacked merit and had become academic. This decision follows his conviction for terrorism offences by a Federal High Court.

A three-member panel of justices, in a unanimous judgement, held that Kanu's claims regarding alleged violations of his fundamental rights while in the custody of the Department of State Services (DSS) could no longer be entertained. These claims included breaches of his rights to human dignity, quality healthcare, and freedom of religion.

The appeal specifically challenged a July 3, 2022, judgement by now-retired Justice Taiwo Taiwo of the Federal High Court in Abuja, which had dismissed Kanu’s fundamental rights enforcement suit. That suit named the Director-General of the DSS and the Attorney-General of the Federation (AGF) as respondents, arguing that Kanu failed to substantiate his claims.

Delivering the lead judgment of the Court of Appeal, Justice Boloukuromo Moses Ugo explained that the substance of the case had become academic since Kanu's lawyer, Maxwell Opara, confirmed during proceedings that his client was being held in the Sokoto Correctional Centre. Justice Ugo stated that the court could no longer grant Kanu's request to be transferred to Kuje Prison, which he had sought as part of his appeal to be relocated from SSS custody, as he was no longer in DSS detention.

Furthermore, Justice Ugo noted that Kanu had previously expressed a preference for prison custody. Therefore, with his conviction and subsequent transfer to a correctional centre, which aligned with his earlier stated preference, the court could no longer grant his prayers seeking relocation.

Nnamdi Kanu was convicted and sentenced to life imprisonment for acts of terrorism by a Federal High Court in Abuja on November 20. Justice James Omotosho, presiding over the matter, found Kanu guilty on multiple counts, including engaging in acts of terrorism through repeated declarations of sit-at-home orders and issuing threats of violence. The court also convicted him for belonging to a proscribed organization (IPOB and its affiliate, the Eastern Security Network (ESN)) and for inciting followers to violence through broadcasts that encouraged attacks leading to deaths of security personnel and destruction of public facilities.

Kanu's trial lasted for 10 years, a period interrupted for almost four years after he fled the country in 2017. He was rearrested in Kenya and brought back to Nigeria in June 2021 to continue his trial, attending court proceedings from SSS custody in Abuja until his conviction and transfer to prison.