The Court of Appeal in Abuja has dismissed a lawsuit filed by the convicted leader of the Indigenous People of Biafra, Nnamdi Kanu, in which he accused the Department of State Services of violating his fundamental rights while he was in their custody. The court ruled on Friday that the case no longer had practical value following Kanu’s recent conviction and transfer to prison custody.

According to the panel of three justices, the appeal became academic the moment Kanu was sentenced to life imprisonment on November 20 by the Federal High Court and subsequently moved from DSS detention to a correctional facility.

Court Says Appeal Has Lost Relevance

Delivering the lead judgment, Justice Boloukuromo Moses Ugo noted that Kanu’s lawyer, Maxwell Opara, confirmed at the start of the hearing that his client was now being held at the Sokoto Correctional Centre. With that confirmation, the court said it could not entertain a request to move Kanu from DSS custody to the Kuje Correctional Centre since he was no longer in the DSS facility.

Justice Ugo added that Kanu had earlier indicated a preference for prison custody instead of continued detention by the DSS. The court observed that with his conviction now in place, he is already in the type of custody he previously sought, making the appeal irrelevant.

Origin of the Dispute

The case stemmed from Kanu’s challenge to a July 3 decision delivered by retired Justice Taiwo Taiwo of the Federal High Court in Abuja. In that judgment, the court dismissed Kanu’s fundamental rights enforcement suit, ruling that he had not presented sufficient evidence to prove claims of degrading treatment, inadequate medical care or interference with his religious practices.

The Director General of the DSS, the DSS itself and the Attorney General of the Federation were named as respondents in the appeal. According to reports from Punch and other national outlets, Kanu had repeatedly accused the security agency of restricting access to his lawyers and failing to provide the level of medical attention he required.

Additional Context and Expert Views

Legal analysts say the decision reinforces a long-standing principle in Nigerian appellate practice: courts do not rule on matters that no longer have practical consequences. Lagos-based constitutional lawyer Chinedu Okafor explained that once a detainee’s status changes due to a conviction, earlier complaints about pretrial custody often become legally outdated unless they involve ongoing violations.

Meanwhile, human rights groups continue to express concern about the broader implications of Kanu’s case, particularly regarding the treatment of detainees held by security agencies. Amnesty International Nigeria has previously called for stronger oversight of detention facilities to ensure compliance with constitutional standards.

What Comes Next

With the appeal struck out, attention is likely to shift to Kanu’s legal team and whether they intend to pursue further challenges to his conviction or conditions of imprisonment. For now, the appellate court’s decision leaves the Federal High Court’s earlier ruling intact.