Nnamdi Kanu’s Removal from Kenya to Nigeria Was Illegally Executed – Court

By Sholeye Ayodele, Lagos

A High Court in Nairobi, Kenya, has ruled that the arrest and transfer of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Kenya to Nigeria in June 2021 was unlawful and illegal. The court also ordered the Kenyan government to pay Kanu 10 million Kenyan shillings in compensation for the gross violation of his fundamental rights.

In his ruling, Justice E. Mwita criticised both the Kenyan and Nigerian governments for the manner in which Kanu was rendered, stating that the act breached constitutional rights protected under the laws of both nations.

Justice Mwita emphasized that since Kanu had entered Kenya lawfully, he was entitled to the protections guaranteed under the 2010 Constitution of Kenya. As such, the Kenyan government had a legal duty to safeguard his rights and fundamental freedoms while he was within its jurisdiction.

In Nigeria, the Court of Appeal in Abuja had earlier ordered Kanu’s release on October 13, 2022, striking out charges of terrorism and treasonable felony. The court ruled that the IPOB leader was not properly extradited from Kenya, and therefore his trial could not proceed.

However, the Supreme Court of Nigeria overturned that ruling. Delivering judgment, Justice Emmanuel Agim acknowledged that the government had committed multiple illegal actions, including a military raid on Kanu’s residence, which forced him to flee. Despite these actions and the questionable extradition process, the Supreme Court held that they were not sufficient grounds to halt his prosecution.