A High Court of Kenya sitting in Nairobi, the East African country, has declared the detention and transfer of the leader of the Indigenous People of Biafra (IPoB), Mazi Nnamdi Kanu, from Kenya to Nigeria in June 2021 as unlawful and illegal.
The court also awarded compensatory damages of 10 million Kenyan shillings against the Kenyan Government for gross violations of Kanu’s fundamental rights.
Delivering judgment, the presiding judge, Justice E. Mwita, faulted both the Nigerian and Kenyan governments for a rendition of Kanu in gross violations of his rights as guaranteed by the constitutions of the respective countries.
Justice Nwita further added that having entered Kenya lawfully, he was subject to the protection offered by the Constitution of Kenya 2010 and the Government of Kenya had an obligation to uphold and protect his rights and fundamental freedom.
A file photo of Nnamdi Kanu (second left) at the court in Abuja. Kola Sulaimon/AFP
The Court of Appeal in Abuja had ordered the release of Nnamdi Kanu on 13 October, 2022, after striking out the terrorism and treasonable felony charge filed by the Nigerian Government, on grounds that the IPOB leader was not properly extradited from Kenya.
The Supreme Court of Nigeria, however, dismissed the Appeal Court’s decision.
In a judgment read by Justice Emmanuel Agim, the apex court noted that despite a series of illegalities carried out by the government including a military raid on his home prompting his fleeing the country for safety, and his subsequent extradition from Kenya, that is not enough to stop a trial.
