Nnamdi Kanu, the head of the Indigenous People of Biafra, was extradited to Kenya; today, October 26, Justice E.N. Anyadike of a Federal High Court sitting in Umuahia, the capital of Abia State, ordered the federal government to send Kanu back there and to pay him N500 million in damages for his wrongful kidnapping and violation of Kenyan human rights.
Recall that Kanu was sent back to Nigeria from Kenya on June 19, 2021.
According to the court presided over by Justice E. N. Anyadike, Kanu was extradited from Kenya without following the correct procedures, which constituted a flagrant breach of his fundamental human rights.
Through his lawyer, Aloy Ejimakor, Kanu submitted a court appeal on June 19, 2022, objecting to his extradition from Kenya. The primary subject of the lawsuit, according to Ejimakor, who also informed the court that it is sui generis, is the infamous unlawful expulsion or extraordinary rendition of Kanu, which is a flagrant violation of his fundamental rights under Article 12(4) of the African Charter on Human and Peoples Rights as well as Chapter IV of the Nigerian Constitution (of a special class).
‘IN ADDITION TO THE RENDITION, I AM ASKING THE COURT TO REDRESS THE MYRIAD VIOLATIONS THAT CAME WITH THE RENDITION, SUCH AS THE TORTURE, THE UNLAWFUL DETENTION AND THE DENIAL OF THE RIGHT TO FAIR HEARING WHICH IS REQUIRED BY LAW BEFORE ANYBODY CAN BE EXPELLED FROM ONE COUNTRY TO THE OTHER.
I AM ALSO SEEKING TO HALT HIS PROSECUTION AND RESTORE HIM TO THE STATUS QUO BEFORE HIS RENDITION ON 19TH JUNE 2021.
YOU WILL RECALL THAT ON JANUARY 19, 2022, THE HIGH COURT OF ABIA STATE DECIDED THAT PORTION OF VIOLATION OF KANU’S FUNDAMENTAL RIGHTS THAT OCCURRED IN 2017. EVEN AS I HAD MADE CLAIMS THAT BORDERED ON RENDITION, THE COURT DECLINED JURISDICTION ON GROUNDS THAT RENDITION, BEING RELATED TO EXTRADITION, LIES WITHIN THE EXCLUSIVE JURISDICTION OF THE FEDERAL HIGH COURT. THIS IS WHAT INFORMED MY DECISION TO INITIATE THE SUIT BEFORE THE FEDERAL HIGH COURT.
TO BE SURE, THE EXTRAORDINARY RENDITION OF NNAMDI KANU, TRIGGERED MYRIAD LEGAL QUESTIONS THAT CUT ACROSS MULTIPLE JURISDICTIONS IN NIGERIA AND EVEN TRIGGERED THE INTERNATIONAL LEGAL ORDER, TO BOOT. IN OTHER WORDS, THE RENDITION HAS EXPANDED THE MATTER OF KANU FAR BEYOND THE REALMS OF THE ABUJA TRIAL AND OPENED UP NEW LEGAL FRONTIERS THAT MUST BE VENTILATED TO THE HILT BEFORE OTHER COURTS AND TRIBUNALS WITHIN AND WITHOUT NIGERIA.
THUS, THIS VERY CASE BEFORE THE FEDERAL HIGH COURT IN UMUAHIA IS ONE OF SUCH THAT IS AIMED AT SEEKING A DEFINITIVE JUDICIAL PRONOUNCEMENT ON THE CONSTITUTIONALITY OF THE EXTRAORDINARY RENDITION. THE ONES IN THE UNITED KINGDOM, KENYA, AFRICAN UNION, AND THE UNITED NATIONS ARE IN ADDITION”.