Kanu has been in detention since 2015.
This is reported to have caused jubilation among members of IPOB and those sympathetic to his plight.
Kanu’s suit seeks the court to grant him an unconditional release from detention as well as damages to the tune of $800 million.
Channels Television reports that the federal government asked the court to dismiss the case because it is a subject matter before the Federal High Court and the appeal court.
The government said as a result,Kanu’s application constitutes an abuse of court process.
The presiding judge, Micah Wright-Williams, dismissed the application of the government for lacking in merit
The court said it has the jurisdiction to hear cases of infringement of human rights.