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.
In its judgment, the court ordered the Kenyan Government to pay 10 million Kenyan shillings as compensation for gross violations of Kanu’s fundamental rights.
Justice E. Mwita, who delivered the ruling, condemned the actions of both the Nigerian and Kenyan governments, stating that Kanu’s rendition breached constitutional protections guaranteed by the laws of both countries. The judge emphasized that since Kanu had lawfully entered Kenya, he was entitled to the full protection of the Kenyan Constitution of 2010, and that the Kenyan authorities had a duty to safeguard his rights and freedoms.
Earlier, on October 13, 2022, the Court of Appeal in Abuja had ordered Kanu’s release, having dismissed terrorism and treason-related charges brought by the Nigerian Government. The court based its decision on the grounds that Kanu had not been properly extradited from Kenya.
However, Nigeria’s Supreme Court later overturned the Appeal Court’s ruling. In a judgment delivered by Justice Emmanuel Agim, the apex court acknowledged that the government had committed multiple unlawful acts, including a military raid on Kanu’s home which forced him to flee the country. Despite this, the court concluded that such violations were insufficient to prevent Kanu’s trial from proceeding.
