The hearing in the judicial review challenge against the Foreign Secretary, brought on behalf of separatist leader, Nnamdi Kanu, took place on Tuesday at The Royal Court of Justice London, United Kingdom (UK).
POLITICS NIGERIA reports that Kanu is the British-Nigerian leader of the Indigenous People of Biafra (IPOB), an outlawed group that calls for self-determination for the southeast geopolitical zone.
In June 2021, Kanu was arrested at an airport in Nairobi, Kenya by security services and was detained in the East African country. He was then flown on a private plane to Nigeria.
For the past 18 months, he has been held in solitary confinement in a cell at the Department of State Services (DSS) headquarters in Abuja. Kanu had reportedly travelled to Kenya on his British passport.
Since his detention in Nigeria, Kanu’s family have been asking the British government to take steps to secure his release on the grounds there was no lawful basis for bringing him to Nigeria, and he was, therefore, subject to what they tag as “extraordinary rendition”.
Kanu’s family has also argued that his ongoing detention is arbitrary. However, the Foreign Secretary has, to date, failed to reach a firm view on whether Kanu was subject to extraordinary rendition.
The family’s legal team brought the challenge on the basis that reaching a firm view is necessary to lawfully determine what steps should be taken to assist Kanu.
During the hearing on Tuesday, Charlotte Kilroy KC, acting for Kanu’s brother, Kingsley ‘Kanunta’ Kanu, highlighted that the IPOB leader has been the victim of a brazen and violent extraordinary rendition.
She stated that this is not the first time that the Nigerian government has tried to harm Kanu.
In September 2017, when he was at his home in Nigeria, the Nigerian military launched a violent raid on his house and killed 28 members of IPOB in the process.
She cited a Nigerian court judgment in which the judge described the Nigerian government’s agents as ‘[setting] out as pythons to terminate the life’ of Kanu.
She then outlined the evidence that Kanu has been subject to extraordinary rendition, noting that the Nigerian government itself has admitted in domestic proceedings that it transferred Kanu to Nigeria without any lawful warrant for arrest nor any extradition process.
Moreover, the Nigerian Court of Appeal ruled that Kanu was subject to extraordinary rendition, a position she said the Federal Court of Nigeria subsequently adopted.
She explained that given the danger Kanu faces from the Muhammadu Buhari administration, it is incumbent on the British government to assist him.
She referred the court to domestic policies that evidence a clear acceptance by the British government that it has a role in protecting its citizens abroad, where there is evidence of a miscarriage of justice, and various instances in which the British government has publicly condemned the actions of other States or called for the release of its citizens where they have been arbitrarily detained abroad.
She argued that the evidence of Kanu’s “rendition” has been clear and overwhelming for some time.
In response, Sir James Eadie KC, acting on behalf of the Foreign Secretary, stated that reaching a firm view on whether Kanu was subject to extraordinary rendition was a matter of foreign policy in which the courts must not interfere.
He added that there was no legal basis for the court to require the Foreign Secretary to reach a view, and that Kanu’s challenge was ‘pointless’.
Following the hearing, the parties are now waiting for the court to provide its ruling.
Reflecting on the hearing, Kingsley Kanu, who brought the challenge, said: “It is well known that the Nigerian courts are heavily influenced by the Nigerian government.
“However, they have been brave enough to take a firm stand and rule that my brother was subject to extraordinary rendition at the hands of the Nigerian government.
“If the Nigerian courts can do this, it is not clear to me what further evidence the British government needs to reach a firm view.
“I hope that the UK court will now require the Foreign Secretary to reach a firm view.”
Shirin Marker, one of the Solicitors representing Kanu said: “Kanu is a British citizen, who has been subject to one of the most serious and egregious breaches of human rights.
“The government’s position in refusing to reach a view on whether he has been subject to extraordinary rendition amounts to a refusal to condemn this breach.
“If the courts allow the British government to take this position, this sets a deeply troubling and dangerous precedent for any British citizen, who might find themselves at risk abroad.”
Kanu’s family is represented by John Halford and Shirin Marker of Bindmans LLP, together with Charlotte Kilroy KC of Blackstone Chambers and Tatyana Eatwell of Doughty Street Chambers.
Why the sudden temerity. If a man wants to be a freedom fighter, he must forsake every modicum of fear for his life. Nelson Mandela,indra Gandi, samora Machel and Robert Mugabe are examples of those who took the risk and they won freedom for their people.
It is not a question of temirity. It is more of what is right
Free this man let him be.he can’t separate Nigeria, what will need is restructuring this nation
Where you coming from?
Where are you coming from?
21centuary fool. Kanu is exercising his right in detention just like Mandela did. Fool of ur kind do not know history; u think d blacks were not steps to announce to d world d inhumanity Mandela was subjected to while in prison?
Anthony, are you sure you are normal and not a mad man
The British Government does not want to rock the boat of their economic interest in Nigeria. It is all about their personal interest.
On this case the boat will definitely get rocked, their economy must as well be overtaking as time goes!!!
Kanu predicted that longtime ago
It doesn’t look like Namdi kanu is a freedom fighter anymore. He has to endure those sufferings then later celebrated like Mandela. No fighter weep in the battle front.
Spiritually you’re not there!!!
A freedom fighter is more or less a right activist . Therefore , talking of tenerrty or tolerance shoud not prevent Kanu or his associates from requesting Britain to react or act right , especially , as they always claim, to protect & project the rights of individuals , how much more that of a her citizen .
The seriousness of Britain
or any other inWestern countries , with regard to thier human rights mantra , especially on African matters , is based mainly on thier economic & other interests .
Britain’s economic imterest in Nigeria is being threatened by Nnamdi Kanu’s freedom fighting . This makes it doubtful if she’ll ever stand firm in condemnation of Kanu’s human rights abuses , irrespective of his British citizenship status . . This is just the obvious .
Friday
In the first place, the British government is the architect of what the Biafrans and other ethnic groups, especially Southern Nigeria is suffering today. How do you expect such a government to take decision against its earlier evil roll/act played against the people’s of Southern before the unfortunate independent
You are right Felix.
It’s only Africans that can solve African problem, what the colonial masters want is an organized kiotic Africa where brothers take arms against themselves, while they expliot their resources.
You are not a prophet
God is in control
You people are funny. A freedom fighter who arms himself against his country and his own people he said he is fighting to librate cannot be admitted into the fold of true freedom fighters like Mandela.
The UK is not a third-world country where court judgements can be motivated by politics.
Kanu’s case have graduated from being mere human right activity to terrorism.
Explain what you meant. What has Kanu’s issue to do with those mentioned? Nigeria got her Independence, a section of the nation now claiming the nation as their property then one of the major components of this nation decides to cease being part of the property what is wrong about it?
Let’s be guided by morality in history! His methods have really done damage,and he image is been redefined! NO matter his passport !
British government are porn.
Reaping where did not sow.
Am still expecting federal government of Nigeria to challenge Mazi Nnamdi Kanu on the ground of Buhari death scandal bit rather, they are standing on the terrorism ground.
Nigeria is highly corrupt. Because everything is fraud in this country.
All we want is Biafra freedom period.
Why wouldn’t they charge him of aqusing them of replacing bihari with another person rather they pretend he is not saying the truth. What I know is the more they are holding him the more obvious it is ..that Biafra must go
A replacement for Kanu as a leader in the the struggle for Biafra should be found and the person must not have dual citizenship
Best of my knowledge MNK did not have any offence committed! Agaist Federal Government or Any state Government of Nigeria.
Forgery, perjury and records falsification are definitely not acceptable. If they are sufficient grounds for disqualification, then let the law take its course. But then, they say what is good for the goose is good for the Ganda. If Buhari was not disqualified, why then should Tinubu be disqualified?
He needs to be disqualified if all dis allegations leveled against him were to be truth. Cos, as it is, we need a leader whom we can hold accountable for our resources in Nigeria. Besides, Nigerians r tied of APC n their criminalities, we r suffering. Nigerian accountant general is wit over 150billion Naira of Nigeria cash, minister for humanitarian affairs, feeding school children wit over 60billion Naira during d covid 19 prblm, d funny thing was dat, children were at homes cos, schools were shut down. 18billion was used to clear bush. Snake swallowed 36million. Hw abt d current oil theft going on, nobody hv bn called to answer queries abt it. All d Governors acquiring private jet but refused to their state salaries. We don’t want APC or PDP. We want something new, but definitely not APC or PDP.
Truely with this clear evidence APC do nnot have a presidential candidate.Al this while Nigeria have been governed by unsruplus persons that why they do not care what happen to us. Please he should be disqualified immediately.