The Court of Appeal in Abuja on 28th November 2025 struck out the appeal by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, who was recently convicted for terrorism, over alleged violation of his fundamental rights while he was in the custody of the Department of State Services (DSS), stating that it lacked merit and became more academic.

 
A three-member panel of the Court of Appeal ruled that Kanu's claims, which included alleged violations of his rights to human dignity, adequate healthcare, and religious freedom, could no longer be considered following his conviction and life sentence imposed by a Federal High Court.

Justice Boloukuromo Moses Ugo, who delivered the lead judgment, stated that the issues raised in the appeal were no longer relevant after Kanu's counsel, Maxwell Opara, confirmed at the start of proceedings that his client was now being held at the Sokoto prison facility. The court stated that it could no longer allow Kanu's plea to be transferred from DSS detention to Kuje jail because he was no longer under DSS custody.

Justice Ugo went on to clarify that Kanu had earlier stated a preference for prison confinement, and that now that he has been convicted and confined to the facility of his choice, his removal request has been overtaken by events.

Kanu challenged a July 3 verdict issued by now-retired Justice Taiwo Taiwo of the Federal High Court in Abuja, which dismissed his fundamental rights enforcement suit for a lack of proof.

Respondents in the appeal were the Director General of the DSS, the DSS itself, and the Attorney General of the Federation (AGF).