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Kenyan Court ruling raises legal questions over Nnamdi Kanu’s trial in Nigeria – IPOB lawyer

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ABUJA — The Indigenous People of Biafra (IPOB) has called on the Nigerian government to review the ongoing trial of its leader, Mazi Nnamdi Kanu, following 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.

In a statement issued on Sunday and signed by Barrister Onyedikachi Ifedi, Director of Legal Affairs, Research and Global Communications for IPOB, the group praised the Kenyan court’s ruling as a significant development in what it described as a legal process that deserves fresh scrutiny.

According to IPOB, 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. The group argues that this raises questions about the jurisdictional foundation of Kanu’s trial before the Federal High Court in Abuja.

IPOB 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 contends 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.

While reiterating its long-standing position that Kanu’s rights were violated, IPOB called for judicial reflection rather than confrontation, encouraging the courts and government institutions to handle the matter with transparency and fairness.

The group also called on the federal government to consider past court rulings related to Kanu’s detention, including one from the Federal High Court in Umuahia, and to engage diplomatically and legally with all relevant international partners.

Mazi Nnamdi Kanu was arrested in 2021 and brought to Nigeria from Kenya. Since then, his detention and trial have sparked legal and political debate both within and outside Nigeria. The recent ruling from a Kenyan court, which addressed the process of his arrest and transfer, has added new dimensions to the ongoing case.

Source; Vanguard News

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