A High Court in Kenya has declared the arrest and transfer of Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu, to Nigeria in 2021 as illegal, unconstitutional and a violation of his fundamental human rights.
Justice E.C. Mwita, who delivered the judgment in Nairobi, held that Kanu’s capture and subsequent handover to Nigerian authorities without due process amounted to extraordinary rendition.
“The petitioner is entitled to a declaration that his arrest, detention incommunicado and deportation were unconstitutional,” the judge ruled.
He added that Kanu was “kidnapped, blindfolded, held incommunicado, tortured and illegally handed over to Nigerian authorities.”
Justice Mwita awarded Kanu Ksh10 million (about N50 million) in damages against the Kenyan government for violating his rights.
Kanu was arrested in Nairobi in June 2021 and flown to Nigeria by Nigerian security operatives. He was later arraigned in court and has remained in detention since then.
Reacting to the judgment, IPOB described it as “a historic and courageous affirmation of truth.”
In a statement signed by the group’s spokesman, Emma Powerful, IPOB said the ruling confirmed its long-standing position that Kanu was unlawfully taken from Kenya.
“This landmark judgment has not only vindicated our leader but has also exposed the lies and atrocities committed by both the Nigerian and Kenyan governments,” the statement read.
Kanu’s lead counsel in Nigeria, Aloy Ejimakor, also praised the court for upholding the rule of law. He said the judgment is expected to have serious implications on Kanu’s ongoing case in Nigeria.
In October 2022, a Federal High Court in Umuahia also ruled that Kanu’s extraordinary rendition was illegal and ordered his return to Kenya, in addition to awarding N500 million in damages. The Federal Government, however, appealed the judgment.
Kanu, who holds both Nigerian and British citizenship, had fled Nigeria in 2017 after being granted bail. He resurfaced in Kenya before his arrest and forceful return to Nigeria.
The IPOB leader is currently facing terrorism-related charges filed by the Nigerian government. His legal team has continued to argue that the charges are not sustainable since his extradition did not follow due process.
