By Emmanuel Ugwu-Nwogo:
The leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu has challenged the federal government to show any evidence to prove that his extradition from Kenya in June 2021 was lawful and followed due process.
He threw the challenge yesterday at a Federal High Court in Umuahia, during the proceedings on the suit he filed to enforce his fundamental human rights, which he claimed were violated by extraordinary rendition.
Kanu, who is standing trial on alleged treasonable offences, said he would withdraw his suit if the federal government could tender any document showing that it acted within the law when he was arrested in Kenya, detained for eight days and bundled to Nigeria.
Aloy Ejimakor, who was at the head of legal team of five lawyers representing the detained IPOB leader, told the court that Kanu would discontinue his search for justice if the Nigeria government could produce any document showing that it had acted lawfully.
The suit, which was sui generis (of a special class), was hinged on Article 12(14) of the African Charter on Human and Peoples Rights(already domesticated in Nigeria) as well as Chapter IV of the Nigeria Constitution.
Ejimakor argued that the infamous, unlawful expulsion or extradition of Kanu was a clear violation of his fundamental rights under the said laws the federal government should not only release him but also pay him adequate compensation.
He also asked the court to take judicial notice of the decision of the UN on Kanu’s issue since the world body has declared his arrest, extradition and detention unlawful. It also called on Nigeria government to release the IPOB leader, tender apology and pay him compensation.
In the originating application for the enforcement of the fundamental rights of Kanu dated February 24, 2022, and filed on March 2, 2022, the counsel had sought a declaration that it was illegal for the agents of the Nigerian government to have arrested and detained the Biafra separatist leader in Kenya.
In his submissions, Simon Enoch, counsel for the two respondents (federal government and the Attorney General, Abubakar Malami), said that the suit was an abuse of the court process since it was already determined by an Abia State High Court presided over by Justice Benson Anya.
But Ejimakor reminded the court that the suit referenced by the defence counsel was different as it dwelt on the event of September 14, 2017, when Nigerian troops invaded Kanu’s home in Umuahia with the attendant destruction of lives and properties.
After both parties adopted their written addresses and applications, the presiding judge, Justice Evelyn Anyadike fixed October 27, 2022 for judgement on the matter.
