Nnamdi Kanu set to be released after Court of Appeal rules that his abduction in Kenya was illegal

INDIGENOUS people of Biafra (Ipob) leader Nnamdi Kanu is about to be set free after the Court of Appeal in Abuja declared his detention illegal and unlawful and quashed the terrorism charges brought against him by the Nigerian government.

Highly controversial, Mr Kanu has been campaigning for the recreation of the independent republic of Biafra which broke away from Nigeria between July 1967 and January 1970 during the civil war. His campaign, which has led to the phenomenal growth of Ipob, has set him at odds with the Nigerian government who him arrested and put on trial for treason.

While the case was still pending, Mr Kanu was granted bail in April 2017 on health grounds but skipped his bail after flouting the conditions given to him by the court and fled Nigeria. In a dramatic development, in June last year, Mr Kanu was abducted in Kenya and flown to Nigeria, where he has since been arrayed in court in Abuja, with fresh charges added to the pending ones.

Challenging the nature of his arrest, Mr Kanu went to court saying he was illegally abducted in Nairobi, as he was no extradition warrant was signed and he was no deportation order was issued against him. Ruling on the matter this afternoon, the Court of Appeal held that the federal government breached all local and international laws in the forceful rendition of Mr Kanu to Nigeria, thereby making the terrorism charges against him incompetent and unlawful.

In a judgment delivered by Justice Oludotun Adefope-Okojie, the criminal charges by the federal government against Mr Kanu were thus voided and set aside. According to the court, the federal government, having flagrantly breached the fundamental rights of Mr Kanu, lost the legal right to put him on trial.

Also, the court held that laws are meant to be obeyed and that the federal government has no reason to have taken laws into her own hand in the illegal and unlawful way the matter of Mr Kanu was handled. Justice Adebola held that failure of Nigeria to follow due process by way of extradition process as prescribed by law was fatal to the charges against Mr Kanu.

Justice Adebola ruled: “By engaging in utter unlawful and illegal acts and in breach of its own laws in the instant matter, the federal government did not come to equity in clean hands and must be called to order. With appalling disregard to local and international laws, the federal government has lost the right to put the appellant trial for any offence.

“Treaties and protocols are meant to be obeyed. No government in the world is permitted to abduct anybody without following due process of extradition. Nigeria is not an exception or excused. Nigeria must obey her own law and that of international, so as to avoid anarchy."

Following the judgement, wild celebrations broke out across the southeast zone, with  youths jubilating in beer parlours in all five states. In Awka for instance,  some motor park operators and drivers were seen celebrating with alcoholic beverages.