- Awards ₦120 Million in Damages
By Abiola Olawale
A Kenyan High Court has declared the 2021 extradition of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Kenya to Nigeria as illegal and unconstitutional.
Justice E.C. Mwita, presiding over the case, condemned the actions of both the Kenyan and Nigerian governments, citing gross violations of Kanu’s fundamental human rights.
In his judgment, Justice Mwita also awarded Kanu 10 million Kenyan shillings (approximately ₦120 million) in compensatory damages against the Kenyan government for its role in the unlawful act.
Justice Mwita, in the 13-page judgment, detailed how Kanu was allegedly abducted in Kenya, detained incommunicado, tortured, and forcibly transferred to Nigeria without due process.
Justice Mwita ruled: “First, the government of Kenya violated the Constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms.
“Having entered Kenya lawfully, he was subject to the protection offered by the Constitution of Kenya, 2010, and the government of Kenya had an obligation to uphold and protect his rights and fundamental freedoms.
“Mr. Nnamdi was, however, abducted, kept in solitary confinement, tortured, and denied food and medication — a breach of basic rights.
“He was chained, humiliated, ridiculed, and held in contempt, and later forcibly removed from Kenya without following the law, in violation of his rights and fundamental freedoms, for which the government of Kenya is liable.”
The New Diplomat reports that Kanu has been facing Stormy waters since he was first arrested in Lagos State on October 14, 2015, upon his return to the country from the United Kingdom, UK.
Justice Nyako had on April 25, 2017, granted him bail on health grounds, after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021, and was renditioned back to the country by security agents on June 27, 2021.
