A Kenyan High Court has ruled that the rendition of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Nairobi to Nigeria in 2021 was unlawful, unconstitutional, and a gross violation of his fundamental human rights.
Delivering judgment on Tuesday, Justice E.C. Mwita found that the Kenyan government failed in its constitutional duty to protect Kanu, who had lawfully entered the country. Instead, the government was found to have colluded with external agents in a covert operation that led to his abduction, detention, and forced transfer to Nigeria without due process.
The court determined that Kanu was held incommunicado, subjected to torture, and denied access to basic necessities, including food, water, medical care, and legal representation. These actions, the judge ruled, were in direct breach of his rights as guaranteed under the Kenyan Constitution.
Justice Mwita declared that:
“The Constitution is clear that the Bill of Rights binds not only state organs but also every person within Kenya. Mr Nnamdi Kanu’s rights were recognised and protected by this Bill of Rights. His arrest should have followed due legal process, including being informed of the reasons for arrest and being presented before a court within 24 hours.”
The judge went on to state that the covert operation, which culminated in Kanu’s illegal removal from Kenya, was executed “with the knowledge, connivance, complicity, and tacit approval of not only the Government of Kenya but also those in charge of national security.”
The court awarded Kanu KSh 10 million (approximately N110 million) in general damages, ordering the Attorney General of Kenya to pay both the compensation and the legal costs of the petition.
Two formal declarations were issued by the court:
1. That Kanu’s abduction, unlawful detention, torture, and denial of basic needs were violations of his constitutional rights and fundamental freedoms.
2. That his forcible removal to Nigeria breached both Kenyan law and the Constitution, particularly his rights to personal liberty, movement, and security.
SERAP to Tinubu: Refer Benue killings to International Criminal Court
The petition had been filed by Kingsley Kanu, the brother of the IPOB leader. Respondents included Kenya’s Cabinet Secretary for Interior, the Director of Immigration Services, the Director of Criminal Investigations, the Officer Commanding Police Division at Jomo Kenyatta International Airport, and the Attorney General.
Justice Mwita criticised the Kenyan authorities for failing to produce Kanu before a court within the legally required 24-hour period. He emphasised that regardless of the legality of Kanu’s entry into the country, his rights under the Constitution remained intact and had to be upheld.
“Whether Kanu entered Kenya legally or not, he was entitled to fair and just treatment. Any arrest should have been conducted lawfully and in line with the Constitution,” Mwita ruled.
Nnamdi Kanu has been in the custody of Nigeria’s Department of State Services (DSS) since his re-arrest in Kenya and subsequent extradition to Nigeria in 2021. He is facing charges including treasonable felony.
He was initially granted bail in 2017 but failed to appear in court, leading to the revocation of his bail and the issuance of a bench warrant. In 2022, a Nigerian Federal High Court struck out eight of the 15 charges against him, and the Court of Appeal subsequently quashed the remaining seven. However, the Federal Government obtained a stay of execution from the Supreme Court, keeping Kanu in detention.
