Daniel Otera
Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), remains in the custody of the Department of State Services (DSS). His attempt to be moved to the National Hospital in Abuja for medical treatment has been delayed again. The Federal High Court vacation judge has decided to send the case back to the Chief Judge for reassignment, a decision that has raised further concerns about Kanu’s deteriorating health. His legal team has warned that his condition could become life-threatening without prompt medical attention.
Kanu has been held in DSS custody since June 2021 after Nigerian authorities announced his “re-arrest and return” from Kenya, where he had been detained. At the time, the Attorney-General of the Federation confirmed that Kanu had been flown back to face terrorism-related charges in Abuja. His case is currently before Justice James Omotosho of the Federal High Court, Abuja, under case file FHC/ABJ/CR/383/2015, initially tied to his 2015 arrest.
Nnamdi Kanu was first arrested in 2015 on treason-related allegations related to his role as the director of Radio Biafra. After months in detention, Kanu was granted bail in April 2017, and was released three days later when his sureties perfected the bail conditions. However, following a 2017 military raid on his residence, Kanu went into hiding, prompting the Nigerian government to pursue legal action against his sureties.
In 2017, the Federal High Court officially proscribed IPOB as an unlawful society. The Court of Appeal reaffirmed this ban in 2025, confirming the government’s classification of IPOB as a terrorist organization. On December 15, 2023, the Supreme Court overturned a previous Court of Appeal judgment that had discharged Kanu, reinstating the terrorism charges and allowing his trial to continue before the Federal High Court.
The case took a further international twist when, in June 2025, the High Court of Kenya ruled that Kanu’s arrest and extradition to Nigeria had violated his rights. The court awarded Kanu’s family KSh 10 million in damages, underscoring the unlawful nature of his transfer.
Kanu’s health has sharply declined since his detention. Medical checks conducted in August 2025 revealed multiple serious health issues, including problems with his pancreas and liver, dangerously low potassium levels, and a lump growing under his armpit. Doctors have expressed alarm about his condition, with some recommending immediate transfer to the National Hospital in Abuja for urgent care. However, the DSS has yet to respond to these requests.
Kanu’s legal team, led by Chief Kanu Agabi (SAN), filed an application on September 1, 2025, seeking his transfer from DSS custody to the National Hospital. The application, citing 11 key reasons for the request, was served on the DSS on September 3. Despite the urgency, when the motion was brought before the vacation judge, the court ruled that the fiat had lapsed and sent the case back to the Chief Judge for reassignment. Additionally, a separate bail application filed in May 2025 remains pending due to the vacation schedule.
Justice Musa Liman, the vacation judge, had initially agreed to hear the application, ruling that the right to health was as crucial as the right to life. However, when the vacation period ended, Liman could no longer hear new matters, including Kanu’s case. The file was sent to the registry for reassignment, and Liman urged that the case be fast-tracked given the life-threatening risks to Kanu’s health.
The delays in Kanu’s legal proceedings reflect broader issues in Nigeria’s justice system. Protracted legal battles, inconsistent rulings, and slow-moving trial processes are systemic problems that plague the Nigerian judicial system. These issues have left individuals like Kanu in legal limbo for years, awaiting trial and enduring harsh detention conditions.
In addition to the judicial delays, Nigeria’s prison system continues to suffer from overcrowding, underfunding, and inadequate healthcare. According to the World Prison Brief, as of September 2025, Nigeria’s prisons hold over 80,000 inmates, far exceeding their official capacity of 50,000. Over 65% of inmates are in pre-trial detention, exacerbating the strain on the system and the lack of access to basic healthcare services.
Kanu’s legal team has repeatedly expressed concerns about his health and the ongoing neglect he faces in custody. They argue that the failure to address his medical needs violates his constitutional right to health and access to timely medical care.
Nigeria’s prison system has long been criticized for its deplorable conditions. Amnesty International’s 2023 Human Rights Report highlights the lack of access to adequate healthcare in Nigerian prisons, where inmates are often deprived of essential medical services. The overcrowding crisis further exacerbates these issues, leaving detainees vulnerable to preventable illnesses and conditions.
Amnesty and other human rights organizations have also documented instances of torture, ill-treatment, and neglect within detention facilities, particularly in the custody of the DSS. Over 200 complaints of torture and mistreatment have been filed since 2020, many of them involving detainees from the South-East, particularly those affiliated with IPOB.
The United Nations Working Group on Arbitrary Detention has called for comprehensive reforms in Nigeria’s detention system, urging the government to ensure fair trials, uphold detainees’ rights, and address the overcrowding and poor treatment of inmates.
The international community has closely followed Kanu’s case, particularly through the efforts of the UK-based legal firm Bindmans, which represents Kanu’s family. Bindmans has raised concerns about Kanu’s deteriorating health and the Nigerian authorities’ refusal to allow external medical professionals to assess his condition. These actions have only exacerbated his health crisis and drawn further attention to the lack of adequate healthcare in Nigerian detention facilities.
Kanu’s case has become a focal point in the larger debate about the treatment of political detainees and human rights abuses in Nigeria. It has sparked calls for judicial and prison reforms, as well as increased international scrutiny of Nigeria’s handling of political prisoners.
Kanu’s ongoing legal and health struggles highlight significant flaws in Nigeria’s criminal justice system, particularly in the treatment of political detainees. His prolonged detention, the lack of timely legal proceedings, and the inadequate healthcare in detention facilities all point to the urgent need for reform. The Nigerian government must address these systemic issues to ensure that individuals like Kanu are treated with dignity, provided access to legal counsel, and granted timely medical care.
Furthermore, the case brings attention to the broader issue of prison overcrowding in Nigeria. With more than 70% of inmates held in pre-trial detention, many of them facing prolonged delays, the system is stretched beyond its capacity. This situation not only exacerbates the health crisis in Nigerian prisons but also undermines the fundamental human rights of detainees.
Nigeria’s 1999 Constitution provides robust protections for individual rights, including the right to personal liberty and access to health care. Section 35 guarantees the right to personal liberty, ensuring that arrested individuals are promptly informed of the reasons for their detention and are allowed access to legal counsel. Section 17 enshrines the right to health, mandating that the state ensure the provision of adequate medical care for all citizens.
Amnesty International has repeatedly criticized Nigeria for failing to uphold these constitutional rights, particularly in politically charged cases like Kanu’s. Human rights organizations have documented numerous instances where detainees have been denied access to legal counsel or adequate healthcare, further highlighting the need for comprehensive reforms.
Nnamdi Kanu’s case is emblematic of the deep-rooted issues facing Nigeria’s justice system, from the delays in legal proceedings to the neglect of detainees’ rights. His health struggles in DSS custody only highlight the need for urgent reform in Nigeria’s judicial and prison systems. The international community is watching closely, and it is crucial for the Nigerian government to address these systemic flaws to ensure that political detainees receive fair trials and proper medical care.