Recently, the Federal Government discharged and acquitted Nnamdi Kanu, the detained leader of the Indigenous People of Biafra, IPOB, of the seven-count charge against him.
The Court of Appeal in Abuja, led by Justice Jummai Hanatu, expressed satisfaction that the Federal Government violated the law by forcibly bringing Kanu from Kenya to the country for his trial.
On Thursday, the court ruled that the extraordinary rendition, without following due process, breached international conventions and the Appellant’s fundamental rights.
The court noted that the Federal Government did not refute the allegation that Kanu was abducted and brought back to the country from Kenya without extradition proceedings.
It emphasized that the Federal Government’s silence on this issue was significant in determining the trial court’s jurisdiction to continue the criminal proceeding.
The court stated, “In law, that is a costly failure and such failure is an admittance by the Respondent.” It added that the onus was on the Federal Government to prove the legality of Kanu’s arrest and return from Kenya.
