Thursday, December 8, 2022

Court to rule on Nnamdi Kanu’s extraordinary rendition suit October 27

Mr Kanu is asking the court to redress his infamous unlawful expulsion or extraordinary rendition from Kenya by the federal government.

• October 4, 2022
Nnamdi Kanu
Nnamdi Kanu

The Federal High Court in Umuahia, Abia, is to deliver judgement in the extraordinary rendition suit filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), on October 27.

Aloy Ejimakor, special counsel to Kanu, had filed the suit before the court in March.

Mr Kanu is asking the court to redress his infamous unlawful expulsion or extraordinary rendition from Kenya by the federal government.

Justice Evelyn Anyadike fixed the date for judgement after the adoption of addresses by the counsel to the plaintiff and the defendant.

Counsel to the plaintiff, in the originating summons, described the suit as sui generis (of a special class).

He contended that the expulsion of the extraordinary rendition of Mr Kanu was a clear violation of his fundamental rights under Article 12(4) of the African Charter on Human and Peoples Rights and Chapter IV of the Nigerian Constitution.

He asked the court to redress a myriad of violations that came with Mr Kanu’s rendition, such as torture, unlawful detention and denial of the right to a fair hearing as required by law before anybody can be expelled from one country to the other.

Mr Ejimakor also sought to halt the IPOB leader’s prosecution and restore him to the status quo before his rendition on June 19, 2021.

However, the counsel to the respondent, Simon Eno of the Federal Ministry of Justice, urged the court to dismiss the suit.

Mr Eno described the suit as an abuse of the court process, saying the issues sought were already decided by Justice Benson Anya of the Abia State High Court on January 19, 2022.

Mr Ejimakor countered the defence counsel’s submission, saying that the court only decided that portion of the violation of Mr Kanu’s fundamental rights in 2017.

He explained that when he made claims that bordered on rendition, the court declined jurisdiction.

Mr Kanu’s counsel said the court did so because rendition, related to extradition, lay within the exclusive jurisdiction of the Federal High Court.


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