The Indigenous People of Biafra ,IPOB, has called on the Nigerian Government to adhere to international best practices in the ongoing terrorism trial of its leader, Nnamdi Kanu, just as it urged the presiding judge, justice James Omotosho, to take into account the judgment of a Kenya high court which held that the actions leading to Kanu’s rendition amounts to a breach of both Kenyan, Nigeria and international law.
Recall that Mr. Kanu was arrested and transferred from Kenya to Nigeria in June 2021- in a manner that is widely described as extraordinary rendition.
Delivering judgment on June 24, 2025, Justice E.C. Mwita held that the actions leading to Kanu’s transfer amounted to a breach of both Kenyan and international law.
The court awarded Kanu 10 million Kenyan shillings damages for what it described as a gross violation of his rights.
Justice Mwita faulted the conduct of both governments, stating that the process of rendition lacked due legal process and failed to adhere to constitutional safeguards.
Reacting to the judgment in a statement by its Director of Legal Affairs, Research and Global Communications, Onyedikachi Ifedi, IPOB, urged the Nigerian government to review Kanu’s trial in view of the legal twist which deserves fresh scrutiny.
The group maintained that going by the Kenyan court ruling, the events surrounding Kanu’s return to Nigeria did not follow due legal procedure, noting that the absence of a formal extradition hearing raises questions about the jurisdictional foundation of Kanu’s trial before the Federal High Court in Abuja.
It referenced Section 2(3)(f)(ii) of Nigeria’s Terrorism (Prevention and Prohibition) Act, 2022, which includes that under certain conditions, unlawful cross-border transfers in violation of treaties as serious offences.
IPOB further referenced Article 12(4) of the African Charter on Human and Peoples’ Rights, which stipulates that no person legally residing in a country may be expelled except through a process consistent with the law.
The group urged Justice Omotosho, who is currently presiding over Kanu’s trial in Abuja, to invite submissions from both parties regarding the impact of the Kenyan judgment on the ongoing proceedings.
“This is not about political considerations but about upholding constitutional safeguards and respecting international legal obligations,” the statement said.
The Kenyan government had filed an affidavit stating that there was no immigration record of Kanu’s departure from Kenya after his last arrival on May 1, 2021.
In the Affidavit by the Attorney-General of Kenya and deposed to in Nairobi, Kenya on 10th February 2022, the Government of Kenya attached Kanu’s arrival and departure record from Kenya from 17th July 2019 to 12th May 2022, when he last entered Kenya.
Paragraph 12 of the Affidavit states: “That it is evident from the schedule below that since 17/7/2019, the said Nwannekaenyi Nnamdi Kenny Okwu-Kanu has visited and departed Kenya on several occasions.
“That from the above travel history, it is evident that his last arrival date was 12/5/2021 and there is no evidence exhibited to prove that he thereafter left the country.
“That I am not privy to his (Kanu’s) arrest, detention or extradition.”
