Leader of the proscribed Indigenous People of Biafra, Nnamdi
Kanu, has dragged the Federal Government of Nigeria and the Kenyan Government
to the African Commission on Human and Peoples’ Rights based in Addis Ababa,
Ethiopia, over the alleged violation of his fundamental human rights by the two
governments.
Kanu, through one of his lawyers, Aloy Ejimakor, also
demanded to be returned to the United Kingdom.
Ejimakor, in a statement on Monday titled, ‘Re: Mazi Nnamdi
Kanu’, said the IPOB leader demanded accountability over his extradition to
Nigeria from Kenya.
The statement partly read, “Jurisdiction lies with the
Commission because Nigeria and Kenya are State Parties to the African Charter;
and Nigeria even took a step further to domesticate the Charter, thus making it
part of her municipal laws.
“Both countries also have extradition laws that prohibit
this sort of reprehensible conduct that saw Kanu to Nigeria.
“More particularly, extraordinary rendition is expressly
prohibited under the African Charter, where It provides in pertinent part that
“A State may not transfer (e.g. deport, expel, remove, extradite) an individual
to the custody of another State unless it is prescribed by law and in
accordance with due process and other international human rights obligations.
Extraordinary rendition, or any other transfer, without due process, is
prohibited”.
“A victim of extraordinary rendition is entitled to remedies
mandated by the Charter.
“Therefore, among many other reliefs, I requested that Kanu
be restored to his state of being before the rendition, which state of being
was that he travelled to Kenya on his British passport and was duly admitted as
such and as a free man.
“Further, that no valid territorial jurisdiction can issue
from an act of extraordinary rendition because Kanu is, technically speaking,
still in Kenya.
“And that the
Nigerian bench warrant standing against Kanu is, in the absence of any
successful extradition proceedings in Kenya, invalid to arrest in Kenya.
“I also requested the Commission to adopt other urgent
measures as the Commission sees fit in the circumstances to protect Nnamdi Kanu
in the interim. A fact-finding visitation to Nigeria is also in reckoning.”
Recall that the Attorney General of the Federation and
Minister of Justice, Abubakar Malami (SAN), at a press briefing in Abuja on
June 29, 2021, announced that the IPOB leader was arrested in a foreign country
and extradited to Nigeria.
Kanu, who was born on September 25, 1967, is a holder of Nigerian
and British passports. He had earlier jumped bail in June 2018 before leaving
for the United Kingdom though he said that he fled because his life was no
longer safe in Nigeria.
Upon his re-arrest and extradition in June 2021, he was
re-arraigned before Justice Binta Nyako for terrorism-related charges and has
since been remanded in the custody of the Department of State Services in
Abuja.
Recall that Kanu was absent from court when his trial
resumed at the Federal High Court Abuja on Monday.
Justice Nyako, therefore, stated that the trial could not
continue in the absence of Kanu since he was not available to stand his trial.
The judge also did not attend to the prayer of Kanu’s
lawyers that the court should grant a pending application before it to transfer
Kanu from the custody of the DSS to a correctional centre in Abuja.
Justice Nyako subsequently adjourned the trial of Kanu to
October 21, 2021, for continuation of hearing.
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