The Indigenous People of Biafra, IPOB, has urged the Nigerian government to review the ongoing trial of its leader, Nnamdi Kanu, amid a recent judgment by the High Court of Kenya, which found that his arrest and transfer from Kenya to Nigeria in 2021 breached international legal norms and constitutional protections.
IPOB, in a statement by its Director of Legal Affairs, Research and Global Communications, Onyedikachi Ifedi, praised the Kenyan court’s ruling as a significant development in what it described as a legal process that deserves fresh scrutiny.
The group said that the Kenyan court found that the events surrounding Kanu’s 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’s trial before the Federal High Court in Abuja.
It referenced Section 2(3)(f)(ii) of Nigeria’s Terrorism (Prevention and Prohibition) Act, 2022, which includes, under certain conditions, unlawful cross-border transfers in violation of treaties as serious offenses.
The group also argued that Nigerian courts should take the Kenyan ruling into account as they assess the broader legal implications of the case.
Additionally, IPOB pointed to Article 12(4) of the African Charter on Human and Peoples’ 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’s trial in Abuja, to invite submissions from both parties regarding the impact of the Kenyan judgment on the ongoing proceedings.
“This is not about political considerations but about upholding constitutional safeguards and respecting international legal obligations,”; the statement said.