In a landmark ruling that may redefine international extradition protocols in Africa, the High Court of Kenya has declared the abduction and forceful rendition of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), from Kenya to Nigeria in 2021, as unlawful and unconstitutional.
Justice E.C. Mwita, delivering the judgement in Nairobi on Monday, held that Kanu’s arrest, detention, and rendition were in violation of his fundamental rights as enshrined in both the Kenyan Constitution and international law.
“The government of Kenya violated the Constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms,” Justice Mwita ruled. “Having entered Kenya lawfully, he was subject to the protection offered by the Constitution of Kenya 2010, and the government of Kenya had an obligation to uphold and protect his rights.”
The court found that Kanu was “abducted, kept in solitude confinement, tortured and denied food and medication… chained, humiliated, ridiculed and held in contempt”, before being forcibly removed from Kenya without due process.
The judge further declared, “The abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria was in violation of the laws of Kenya… and therefore unconstitutional and illegal.”
As a consequence, the court awarded Kanu ten million Kenyan shillings (approximately ₦120 million) in general damages, to be paid by the Kenyan government through the Office of the Attorney General.
Reacting to the judgement, IPOB described the ruling as a “judicial earthquake” and a “historic, courageous, and landmark judgement” that exposed what it called a “criminal act of state-sponsored international terrorism.”
In a statement signed by outlawed group’s spokesperson, Emma Powerful, IPOB said: “This judgement vindicates our consistent position that what transpired in Nairobi in June 2021 was not extradition but extraordinary rendition — a criminal act involving the highest authorities of the Nigerian and Kenyan governments.”
The group credited legal scholar and activist, Professor PLO Lumumba, as lead counsel for what it called “brilliant legal leadership,” thanking him for his “courage, clarity, and tenacity” in securing the judgment.
The IPOB statement also criticised former Nigerian and Kenyan leaders, including ex-Presidents Muhammadu Buhari, Uhuru Kenyatta, and former Attorney General Abubakar Malami, accusing them of orchestrating and covering up the illegal rendition.
“This verdict places a permanent and indelible legal stain on the records of former presidents… and their accomplices,” IPOB stated, adding that the ruling exposed “criminal lobbying missions” by both current and past Nigerian leaders.
IPOB maintained that the judgement was not the end but rather “the beginning of a global accountability campaign.”
“All those responsible — in Kenya, Nigeria, or elsewhere — shall be pursued to the ends of the earth under the universal principle of accountability for crimes against humanity,” the group vowed.
The group also lambasted Western powers for what it described as “British diplomatic complicity and cowardly silence”, warning that neither political influence nor geographical distance would shield perpetrators from future prosecution.
“To Justice E.C. Mwita, we say thank you for your judicial bravery,” the statement concluded. “To the oppressed peoples of the world, this is your victory — a warning to tyrants that international borders will no longer shield criminal regimes from justice.”
Kanu, a British citizen and outspoken advocate for Biafran independence, was reportedly abducted in June 2021 at the Jomo Kenyatta International Airport in Nairobi and flown to Nigeria under questionable circumstances. His arrest sparked global outrage and raised concerns about extraordinary rendition and abuse of due process by state actors.
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