A Court of Appeal in Abuja on Thursday discharged the embattled leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu.
A three-man panel of the court said the Federal High Court lacks the jurisdiction to try him in view of his abduction and extraordinary rendition to Nigeria in flagrant violation of the OAU convention and protocol on extradition.
The Federal Government had filed a 15-count charge against Kanu before the Federal High Court in Abuja bordering on treasonable felony and terrorism.
But the appellate court ruled that the 15-count charge preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
The court further held that the Federal Government failed to disclose where Kanu was arrested despite the grave allegations against him.
The court noted that the act of abduction and extraordinary rendition of Kanu from Kenya without due process is a violation of his right.
It added that the manner in which Kanu was procured and brought before the court was not evaluated by the lower court, before assuming jurisdiction to try him.
The lower court having failed to address the preliminary objection challenging its jurisdiction particularly the issue of abduction and extraordinary rendition from Kenya to Nigeria, the lower court failed to take cognizance of the fact that a warrant of arrest can only be executed anywhere within Nigeria, the appeal court judgement said.
The court further held that the trial judge was in grave error to have breached the right to fair hearing of Kanu.
It further said the African Charter on Human and People’s rights are part of the laws of Nigeria and courts must abide by the laws without pandering to the aim of the Executive.
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness,” the appellate court held.
