By Our Reporter The Nation
The Indigenous People of Biafra (IPOB) has urged the Federal Government to review the ongoing terrorism trial of its leader, Nnamdi Kanu.
The call follows the judgment by the High Court of Kenya, which found that his arrest and transfer from Kenya to Nigeria in June 2021 breached international legal norms and constitutional protections.
Delivering judgment on June 24, 2025, Justice E.C. Mwita held that the actions leading to Kanu鈥檚 transfer amounted to a breach of both Kenyan and international law.
The court awarded Kanu compensatory damages of 10 million Kenyan shillings for what it described as a gross violation of his rights.
Justice Mwita faulted the conduct of both governments, stating that the process of rendition lacked due legal process and failed to adhere to constitutional safeguards.
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IPOB, in a statement by its Director of Legal Affairs, Research and Global Communications, Onyedikachi Ifedi, praised the Kenyan court鈥檚 ruling as a significant development in what it described as a legal process that deserves fresh scrutiny.
The group said the Kenyan court found that the events surrounding Kanu鈥檚 return to Nigeria did not follow due legal procedure, including the absence of a formal extradition hearing, arguing that this raises questions about the jurisdictional foundation of Kanu鈥檚 trial before the Federal High Court in Abuja.
It referenced Section 2(3)(f)(ii) of Nigeria鈥檚 Terrorism (Prevention and Prohibition) Act, 2022, which includes that under certain conditions, unlawful cross-border transfers in violation of treaties as serious offences.
The group also argued that Nigerian courts should take the Kenyan ruling into account as they assess the broader legal implications of the case.
IPOB pointed to Article 12(4) of the African Charter on Human and Peoples鈥 Rights, which stipulates that no person legally residing in a country may be expelled except through a process consistent with the law.
The group urged Justice James Omotosho, who is currently presiding over Kanu鈥檚 trial in Abuja, to invite submissions from both parties regarding the impact of the Kenyan judgment on the ongoing proceedings.
鈥淭his is not about political considerations but about upholding constitutional safeguards and respecting international legal obligations,鈥 the statement said.
The Kenyan government had filed an affidavit stating that there was no immigration record of Kanu鈥檚 departure from Kenya after his last arrival on May 1, 2021.
In the Affidavit by the Attorney-General of Kenya and deposed to in Nairobi, Kenya on 10th February 2022, the Government of Kenya attached Kanu鈥檚 arrival and departure record from Kenya from 17th July 2019 to 12th May 2022, when he last entered Kenya.
Paragraph 12 of the Affidavit states: 鈥淭hat it is evident from the schedule below that since 17/7/2019, the said Nwannekaenyi Nnamdi Kenny Okwu-Kanu has visited and departed Kenya on several occasions.
鈥淭hat from the above travel history, it is evident that his last arrival date was 12/5/2021 and there is no evidence exhibited to prove that he thereafter left the country.
鈥淭hat I am not privy to his (Kanu鈥檚) arrest, detention or extradition.鈥