A Kenyan High Court has ruled that the detention and transfer of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), from Kenya to Nigeria in June 2021 were unlawful and illegal.
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 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.
The court awarded Kanu 10 million Kenyan shillings in compensatory damages for gross violations of his fundamental rights.
The Court of Appeal in Abuja had ordered the release of Nnamdi Kanu on October 13, 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.
The court declared that Kanu’s detention and transfer from Kenya to Nigeria were done in gross violation of his rights..
The judge faulted both the Nigerian and Kenyan governments for violating Kanu’s rights, emphasising that Kenya had an obligation to protect his rights and fundamental freedoms.
Nnamdi Kanu has been a prominent figure in the IPOB movement, advocating for Biafra’s independence.
Kanu has faced various legal challenges in Nigeria, including charges of terrorism and treasonable felony.
While the Kenyan court has ruled in his favour, the Nigerian Supreme Court previously dismissed an appeal court’s decision to release him, citing that the trial should proceed despite the alleged illegalities.
