The leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has dragged Nigeria government and Kenya government before an international tribunal over his re-arrest and rendition. Nnamdi Kanu is demanding to be restored to his initial state before re-arrest. The IPOB leader, through his counsel, Barr. Aloy Ejimakor, petitioned the African Commission on Human and Peoples Rights over Nnamdi Kanu rearrest.
Nnamdi Kanu said he was a free man before his re-arrest, hence the tribunal should restore that status. A statement by Barr. Aloy Ejimakor said the Nigerian government and Kenyan government must give an account of the extraordinary rendition of the IPOB leader.
According to Barr. Ejimakor words; “A few days ago, I commenced a continental legal action against Nigeria government and Kenya government before the African Commission on Human and Peoples Rights, demanding accountability for the extraordinary rendition of Mazi Nnamdi Kanu.
“Both countries also have extradition laws that prohibit this sort of reprehensible conduct that saw Nnamdi Kanu to Nigeria. Particularly, extraordinary rendition is expressly prohibited under the African Charter, where it provides in pertinent part that a state may not transfer, that is, deport, expel, remove or extradite an individual to the custody of another state unless it is prescribed by law and in accordance with due process and other international human rights obligations. Extraordinary rendition, or any other transfer, without due process is prohibited.
“A victim of extraordinary rendition is entitled to remedies mandated by the Charter. Therefore, among many other reliefs, I requested that Nnamdi Kanu be restored to his state of being before the rendition, and his state of being was that he travelled to Kenya on his British passport and was duly admitted as such and as a free man.
“Further, that no valid territorial jurisdiction can issue from an act of extraordinary rendition because Nnamdi Kanu is technically speaking, still in Kenya. I also requested the Commission to adopt other urgent measures as the Commission sees fit in the circumstances to protect Nnamdi Kanu in the interim.
“Any nation that dabbles in extraordinary rendition has brought impediments to her territorial jurisdiction. So, Nigeria, whether it admits it or not, has triggered a hornets’ nest that has, for the first time, brought the international legal order to bear on the matter of Mazi Nnamdi Kanu,” he stated.
A few weeks ago, Nnamdi Kanu was re-arrested and repatriated from an unspecified African country. Though the Nigerian government has been silent on the country, it is widely believed that Nnamdi Kanu was kidnapped in Kenya.
Since his return, the IPOB leader has been in custody of the Department of State Services (DSS) following an order by Justice Binta Nyako of an Abuja Federal High Court. On Monday, DSS, however, failed to produce Nnamdi Kanu in court due to logistics reason. Against this backdrop, Justice Nyako had adjourned the matter till October 21st, 2021.