- Examining Two Statements Regarding Kenya’s Denial and Nigeria’s Reluctance to Address “Extraordinary Rendition”
Kenya’s immigration and strategic specialists denied information on the capture and extradition of Nnamdi Kanu, the leader of the Indigenous People of Biafra, IPOB, who was caught on Kenyan soil and taken to Nigeria.
Not minding that Kanu was a British citizen by naturalization, Alexander Muteshi, Director-General of Immigration Services in Kenya, dismissed cases involving the country’s contribution to Kanu’s capture and extradition to Nigeria.
Besides, a delegate from Kenya’s Ministry of Interior stated that they had no information regarding Kanu’s extradition to Nigeria.
In a public presentation to Reuters and the Kenyan newspaper, Nation, Kenyan government officials refuted the (Kanu) family’s allegations in separate interviews.
“Kenya’s Ministry of Interior spokesperson denied any knowledge of the Kanu’s matter, while Nairobi’s Ministry of Foreign Affairs did not comment,” Reuters stated.
How It Started
On June 29, 2021, the Nigerian Government declared that the head of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, had been detained, published in a report of July 6, 2021 by Policy and Legal Advocacy Centre, titled, “IPOB Leader Seized in Kenya, Dragged Back To Resume His Trial.”
At a press conference, the Minister of Justice and Attorney General of Nigeria, Abubakar Malami, explained that Kanu was taken into custody on June 27 and would continue to be tried.
According to Malami, Kanu was detained as a result of the joint efforts of security agencies. Kanu was initially detained in October 2015 and later charged with 11 counts of terrorism and treasonable felony for advocating for the creation of Biafra, a separate state for the South East.
However, reports said Kanu fled the country after his residence was raided by the military in September 2017, violating his bail conditions. In March 2019, his bail was revoked, and he was ordered to be re-arrested. He was subsequently re-arraigned at the Federal High Court in Abuja. The trial was to continue on July 26 and 27.
Recently, there have been numerous attacks on police stations and the offices of the Independent National Electoral Commission (INEC) in the South East, which the government attributed to IPOB and the Eastern Security Network (ESN). IPOB denied responsibility for these assaults on government facilities. There have been confrontations between security forces and the group, resulting in unrest in the South Eastern States, especially in Imo State. Kanu has also been linked to several radio broadcasts and social media posts that were allaged to frequently contain inflammatory remarks.
The Minister of Information and Culture, Lai Mohammed, had previously justified the ban on Twitter in Nigeria, citing Nnamdi Kanu’s use of the platform to spread what he called provocative statements. However, concerns have been raised about Kanu’s detention, as he is also a British citizen. Calls are increasing for him to be treated fairly in accordance with the rule of law and human rights protections. Paundits said that there was no doubt that his trial would be of national and even international interest.
Checking the claim: Conflicting positions of both Kenyan and Nigerian authorities
1. Muteshi, while dismissing the (Kanu) family’s claims, stated to the Kenyan Nation newspapers that he could not confirm whether Kanu had entered Kenyan territory when he was arrested and extradited to Nigeria. “I can’t say for sure,” Muteshi replied when asked about the family’s accusations.
2. As per the declaration of the Attorney General of Nigeria, Abubakar Malami, it was revealed that Kanu was apprehended during his journey, indicating that the leader of IPOB was either commencing or concluding a trip. “Malami refrained from divulging the exact location where he was intercepted,” said media sources.
3. However, despite Malami’s stance, Lai Mohammed, the Minister of Information and Culture in Nigeria, made it clear that Kanu was captured through the assistance of other global organizations, indicating that other countries or international agencies were involved. “The security forces of the country did not reveal the identities of the countries or agencies they worked with,” Mohammed said.
Kanu’s lawyer opposes Kenya
Ifeanyi Ejiofor, the legal representative of Kanu, disclosed that the Kenyan government played a significant role in the detainment of his client, refuting the claim by the Kenyan high commissioner to Nigeria, Wilfred Machage, who also denied his country’s involvement in the arrest of Kanu, who is presently in the custody of the Department of State Security (DSS) in Nigeria.
Ejiofor stated that Kanu was apprehended by the Special Police Force of Kenya on June 18, 2021, at their International Airport and taken to an undisclosed location under degrading conditions.
He said that Kanu was mistreated and subjected to all sorts of cruelty, which exacerbated his poor health. He added that Kanu was illegally detained for eight (8) days in Kenya before being transferred to their Nigerian equivalent.
According to Ejiofor, “While in their (Kenyan) custody, Kanu was purportedly investigated on a false charge and was apparently waiting to be released after their inquiry found him innocent of all false accusations. They subsequently requested that their Nigerian counterpart take over.
“Before the illegal handover to their Nigerian equivalent, the Kenyan government was heavily involved in my client’s abduction, detention, and mistreatment.”
On Tuesday, the Nigerian secret police arraigned Kanu in court, and he was remanded in their custody until July 26, 2021.
Today, Kanu is charged with several counts of terrorism, treasonable felony, and illegal possession of firearms.
Kenyan govt confirmed Nnamdi Kanu’s extradition illegal, no record of arrest – Brother; Daily Post, November 4, 2021
The government of Kenya later confirmed in court that the detention of Kanu did not follow extradition procedures. This was revealed in a response to a lawsuit filed by Kanu’s brother, Kingsley Kanunta.
According to a statement signed by Kanunta, titled “Kenya Confirms in Court that Mazi Nnamdi Kanu Did Not Undergo Extradition Proceedings in Kenya,” the IPOB leader was arrested and extradited from Kenya in June 2021. The Kenyan government had initially denied any involvement in Kanu’s arrest and extradition.
However, in its defense, the Kenyan government not only denied any involvement but also confirmed that Kanu was denied the benefit of due process in Kenya.
The defense stated that there were no extradition proceedings to justify the Kenyan government’s responsibility for the extradition.
It also stated that there was no record of a lawful arrest and detention for the purpose of commencing extradition proceedings.
Kanunta emphasized that the Kenyan government’s stance confirmed that Kanu’s arrest was unlawful. He maintained that the Nigerian government cannot benefit from its wrongdoing in Kanu’s case and subject him to trial.
Nnamdi Kanu speaks from detention, reveals how he was arrested in Kenya – Lawyer; Premium Times, July 15, 2021
Nnamdi Kanu spoke publicly for the first time since his arrest in Kenya and subsequent transfer to Nigeria, where he is currently being held in detention by the country’s secret police in Abuja.
His legal representative, Aloy Ejimakor, was granted access to him on Wednesday and spent three hours with him inside the facility.
Ejimakor has since revealed that Kanu was falsely accused of being a Nigerian terrorist with links to Al-Shabab, and was subsequently tortured and mistreated during his detention in Kenya.
He also claimed that Kanu was abducted at the behest of the Nigerian government. During his detention, Kanu was held incommunicado and chained to a bare floor for eight days without any indication of an arrest warrant.
He said no warrant of arrest was shown to him or even mentioned to him, according to Mr Ejimakor.
“Kanu was in point of fact tortured and subjected to untold cruel and inhuman treatment in Kenya. He said his abductors disclosed to him that they abducted him at the behest of Nigerian government,” the lawyer said.
“He was blindfolded and driven to the tarmac very close to the plane without passing through the airport immigration. The plane departed Nairobi at about 12 p.m. and arrived Abuja in the evening.
“Kanu was flown to Abuja in the private jet on Sunday 27th June, 2021 from Jomo Kenyatta International Airport, Nairobi and that he was the lone passenger,” he added.
Ejimakor went on to say that Kanu was interviewed by three officers from the SSS, during which several new allegations were made against him relating to his position as leader of the IPOB.
Court Orders FG To Return Kanu To Status Quo, Awards Him N500m Damages; Channels TV, October 26, 2022
Justice Evelyn Anyadike of the Federal High Court ordered the Federal Government to reinstate Nnamdi Kanu to his previous status before 19th June 2021.
In a ruling on Wednesday regarding the fundamental human rights and extraordinary transfer of the leader of the IPOB, she also instructed the government to pay him N500m as compensation.
The Court also issued an injunction prohibiting Attorney General of the Federation Abubakar Malami from prosecuting Kanu following his extraordinary rendition.
In March 2022, Kanu filed a lawsuit through his special counsel Aloy Ejimakor to enforce his fundamental rights arising from his “extraordinary rendition” from Kenya in June 2021.
The court dismissed the federal government’s objections to its jurisdiction and granted all the reliefs sought by Kanu.
Ejimakor urged the Federal government to “immediately comply with the judgment, especially the part that requires Kanu to be returned to Kenya,” in an interview with the media after the verdict.
Appeal Court frees Nnamdi Kanu; The Punch, 13th October 2022
Despite the rigmarole the Kenyan and Nigerian authorities were respectively playing, on Thursday, the Court of Appeal in Abuja, the Federal Capital Territory, affirmed the appeal of the detained Kanu.
The embattled leader of the IPOB was also released and acquitted. In his appeal dated April 29, marked CA/ABJ/CR/625/2022, Kanu requested to be acquitted and released.
- Kanu was earlier arraigned on December 23, 2015, and was granted bail on April 25, 2017.
#False 1: Did Kanu willfully escape trial?
Malami asserted that Kanu, “who had escaped 11 charges while out on bail, was repatriated to Nigeria to face his crimes.”
The recent measures implemented by the Federal Government led to the apprehension of the “fugitive Kanu” on June 27, 2021.
#False 2: Did the arrest of Kanu follow due process?
Mohammed praised the Nigerian security and intelligence agencies for their collaboration in capturing the “outlawed” IPOB leader in one of the most successful operations of its kind globally.
He praised the professionalism, diligence, patriotism, and scrupulous efforts of our security and intelligence agencies. And also, he expressed gratitude to the international organizations that assisted the Nigerian government in making this arrest possible.
#Truth: Why Kanu escaped the country?
Kanu responded to criticisms of running away during the 2017 military invasion of his home in Afara Ibeku, Umuahia, Abia State by the Nigerian army and the allegation of abandoning his followers in the country.
According to media sources, “It could be recalled that Kanu left the country after the army invaded his home on September 14th, 2017, leaving many people dead and others injured, during the military exercise code-named; “Operation Python Dance II”.
#Truth: The abduction of Kanu from Kenya to Nigeria unlawful?
The Court of Appeal, however, declared the abduction of Kanu from Kenya to Nigeria unlawful and illegal on Thursday, 13th October 2022 and dismissed all terrorism charges brought against him by the Federal Government.
The Appellate Court ruled that the forceful rendition of Kanu to Nigeria by the Federal Government violated both local and international laws, rendering the terrorism charges against him invalid and unlawful.
In a judgment delivered by Justice Oludotun Adebola, the Appellate Court nullified and dismissed the charges brought against Kanu by the Federal Government. The Appellate Court then released Kanu from the alleged offences.
Has the Nigerian authorities neglected their own court?
Emma Powerful, the media and publicity secretary of IPOB, released a statement to journalists in January 2023 stating that the demand for the release of Kanu by Governor Chukwuma Soludo of Anambra state was too late.
This demand came three months and one day after the Court of Appeal’s decision in Abuja, which acquitted the leader of IPOB and dismissed all eight amended charges against him in October 2022, the source said.
Powerful said, “The court ordered his immediate release in a historic verdict, and also prevented the Federal Government of Nigeria from detaining Kanu again or trying him for any crime in any Nigerian court, yet Nigeria has refused to obey her court order, thereby keeping Kanu in her prison.”
Kanu was prevented from being prosecuted in any Nigerian court by the same court. But the FG went to the Supreme Court after the judgment because it “neglected” the decision.
The Supreme Court finally approved the FG’s application this April after delaying the appeal for months without a trial.
What the law says: “Kanu: Untangling the Court Orders – Kanu’s Extraordinary Rendition;” ThisDay, 1st May, 2023
Nonetheless, the matter of Kanu, a citizen of the United Kingdom, being forcibly taken from Kenya to Nigeria without following proper extradition procedures, is highly relevant to the proceedings at the Federal High Court and the Court of Appeal.
According to data, “Chief Mike Ozekhome, SAN, argued this point through a Preliminary Objection. According to Section 2(1) of the Extradition Act 1967, all Commonwealth countries, including the UK, Nigeria, and Kenya, are bound by the extradition process.
“In the case of Lanre Shittu, who was taken to the USA by the American Government in collaboration with the Nigerian Government to face money laundering charges in 2000, the District Court in New York released him due to their Extradition Treaty being violated by Nigeria and the USA.”
Experts said that Extraordinary Rendition violates the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment.
The source continued, “Is this applicable in Nigeria as well? It seems so. It is logical to assume that an unlawful act leads to illegality – you cannot base something on nothing.
“Extraordinary Rendition is illegal and violates various Protocols and Conventions, including the International Covenant on Civil and Political Rights and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment, which Nigeria ratified in 2001 (see also Section 34 of the Constitution).
“It seems that Kanu’s unlawful extraordinary rendition to Nigeria renders all subsequent proceedings against him, including those at the Federal High Court and Nyako J’s judgment, null and void for lack of jurisdiction.
“Refer to Maduloku v Nkemdilim 1962 2 S.C.N.L.R. 341 for lack of jurisdiction. The Court of Appeal appears to share this view, as evidenced by its dismissal of the charges that Nyako J retained against Kanu from the Amended Charge filed after his rendition to Nigeria and his subsequent release.”
Odimegwu Onwumere is Director, Advocacy Network on Religious and Cultural Coexistence (ANORACC). He contributed this piece via: apoet_25@yahoo.com
