Kenyan court declares Nnamdi Kanu’s rendition to Nigeria illegal… what to know

The High Court in Nairobi has ruled that the arrest and subsequent transfer of the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, from Kenya to Nigeria in 2021 was illegal, unconstitutional, and a violation of his fundamental rights.

In a judgment delivered by Justice E. C. Mwita, the court stated that Kanu was abducted, detained, and transferred to Nigeria without due process, a procedure that violated both Kenyan and international laws regarding extradition and human rights.

Kanu’s Arrest in Kenya Was Unlawful — Court Rules

Justice Mwita concluded that Kanu’s arrest on Kenyan soil and his subsequent deportation to Nigeria was carried out without judicial authorization, thereby amounting to an extraordinary rendition. The court held that Kanu, a British-Nigerian citizen, had entered Kenya legally and was entitled to the protections of the law while in the country.

The court said the actions of the Kenyan government breached Kanu’s right to personal liberty, protection from torture and degrading treatment, and access to legal representation during his illegal detention.

Court Awards Nnamdi Kanu KSh10 Million in Damages

The court awarded KSh10 million (approx. ₦120 million) in general damages to be paid by the Kenyan Attorney-General, as compensation for Kanu’s abduction, detention in solitary confinement, and the psychological and physical torture he endured before his deportation.

Justice Mwita also emphasized that the Kenyan government must ensure such abuses do not happen again, warning that arbitrary arrests and cross-border transfers without court orders are a violation of Kenya’s international obligations.

Background: How Kanu Was Arrested and Renditioned

Nnamdi Kanu was reportedly arrested in Nairobi in June 2021 under controversial circumstances. His legal team and family members accused both the Kenyan and Nigerian governments of orchestrating a secret and unlawful operation that led to his forced return to Nigeria.

He was subsequently re-arraigned before a Nigerian Federal High Court in Abuja, where he faced terrorism and treason-related charges stemming from his leadership of IPOB, a movement campaigning for the independence of Biafra from Nigeria.

The Nigerian government has repeatedly denied claims that Kanu was abducted, stating that he was lawfully intercepted and returned to face trial.

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Impact on Ongoing Legal Proceedings in Nigeria

Legal experts have said the Kenyan ruling could significantly impact the legitimacy of Kanu’s trial in Nigeria. A similar judgment was delivered in October 2022 by the Federal High Court in Umuahia, which also held that Kanu’s rendition violated his rights and awarded him ₦500 million in damages.

Kanu’s legal team is expected to leverage the latest ruling to bolster its case for either the discontinuation of the charges or the outright release of their client.

IPOB Welcomes Ruling, Calls It “Judicial Vindication”

In response to the ruling, IPOB’s spokesperson Emma Powerful praised the Kenyan judiciary for delivering what he described as a “bold and courageous judgment.”

“This is the judicial vindication we’ve been waiting for. The court has affirmed what we have always maintained — that our leader was kidnapped and tortured in violation of every known legal process,” he said.

Powerful also hinted that IPOB would pursue additional legal action against officials involved in Kanu’s rendition, both in Kenya and Nigeria.

The ruling marks a significant legal milestone and puts renewed pressure on both the Nigerian and Kenyan governments regarding cross-border legal cooperation. Human rights advocates have praised the Kenyan court’s decision, calling it a step forward for justice, rule of law, and the protection of civil liberties in Africa.