KENYAN COURT DECLARES NNAMDI KANU’S 2021 TRANSFER TO NIGERIA ILLEGAL, AWARDS DAMAGES
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By Aishat Momoh. O.
A High Court in Nairobi has ruled that the arrest, detention, and subsequent transfer of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Kenya to Nigeria in June 2021 was illegal and in violation of his fundamental human rights.
Justice E. Mwita, delivering the landmark judgment, declared that Kanu’s arrest and forced rendition breached the Kenyan Constitution and international human rights laws, noting that he had lawfully entered Kenya and was entitled to constitutional protections while on Kenyan soil.
The court faulted both the Kenyan and Nigerian governments for what it described as a “gross violation” of Kanu’s rights and awarded him compensatory damages of 10 million Kenyan shillings.
Justice Mwita emphasized that the Government of Kenya had a binding obligation to ensure that the IPOB leader’s rights and freedoms were not infringed upon while within its jurisdiction.
The ruling aligns with the October 13, 2022, decision of the Court of Appeal in Abuja, which ordered Kanu’s release and struck out charges of terrorism and treasonable felony, citing his irregular extradition. However, the Supreme Court of Nigeria later overturned that ruling, allowing the trial to proceed despite acknowledging irregularities in his arrest and extradition process.
Legal and diplomatic observers say the Nairobi court’s verdict could potentially complicate the ongoing legal proceedings against Kanu in Nigeria and deepen scrutiny of cross-border rendition practices.
The IPOB leader has remained in custody in Nigeria since his re-arrest and is currently facing trial on multiple charges brought by the federal government.
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