Leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu has been discharged and acquitted by the Court of Appeal sitting in Abuja, the Federal Capital Territory on Thursday. The court upheld the appeal of Nnamdi Kanu that the federal government illegally abducted him from Kenya to Nigeria to face the charges preferred against him.
The Court of Appeal thus quashed the terrorism charge the Federal Government preferred against the detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
The court discharged and acquitted Nnamdi Kanu of the seven-count charge pending against him before the Federal High Court in Abuja.
The appellate court, in a decision by a three-man panel led by Justice Jummai Hanatu, said it was satisfied that FG flagrantly violated the law when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
The Appeal Court in the judgment read by Justice Oludotun Adebola voided and set aside the charges by the Federal Government against Kanu.
The Court of Appeal held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is a signatory to, as well as a breach of the Appellant’s fundamental human rights.
“In law, that is a costly failure and such failure is an admittance by the Respondent.”
“Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded”, the court held, adding that the onus was on FG to prove the legality of the Appellant’s arrest and return from Kenya.
The court held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted.
The Court of Appeal further held that the federal government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”, the Appellate court held, even as it accused FG of engaging in “serious abuse of power”.
Nevertheless, the appellate court said it would be prejudicial for it to make an order on the proscription of IPOB since the issue is still on appeal.
Nnamdi Kanu had in his appeal dated April 29 and marked CA/ABJ/CR/625/2022 applied to be discharged and acquitted. Kanu was first arraigned on December 23, 2015, and was later granted bail on April 25, 2017.
It held that the proscription order by the lower court would subsist until it is set aside.
Kanu’s lawyer and human rights activist, Ifeanyi Ejiofor celebrated the judgement on his Facebook page on Thursday as he declared that said Kanu won at last.
He wrote: “Appeal allowed, Oyendu Mazi Nnamdi KANU, discharged and acquitted. We have won!”
