The court of appeal in Abuja has struck out an appeal filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), challenging the alleged violation of his fundamental rights during his detention by the Department of State Services (DSS).

A three-member panel of justices held on Thursday that the appeal had become academic following Kanu’s conviction, sentence to life imprisonment, and transfer from DSS custody to a correctional facility.

Delivering the lead judgment, Boloukuromo Ugo, one of the justices, said the court could no longer grant the reliefs sought, including an order directing his relocation from DSS custody to Kuje prison, since his lawyer, Maxwell Opara, confirmed that Kanu is now being held at a Sokoto correctional facility.

Ugo noted that Kanu had previously expressed a preference for prison custody over the DSS facility, adding that, having now been convicted and remanded in the very place he desired, the court cannot order otherwise.

The appeal was filed against a judgment delivered by Taiwo Taiwo, a retired judge of the federal high court in Abuja, who in 2022 dismissed Kanu’s fundamental rights suit for lack of proof.

Kanu had alleged that the DSS violated his rights to human dignity, quality healthcare, and freedom of religion.

The DSS, its director-general, and the attorney-general of the federation (AGF) were listed as respondents in the appeal.

Kanu was sentenced to life imprisonment following his conviction on a seven-count terrorism charge on November 20.