By Paul Akalonu
On Thursday, the Court of Appeal in Abuja dismissed the terrorism allegation brought by the Federal Government against the leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu.
It cleared him of the seven-count allegation pending against him before the Federal High Court in Abuja.
The appeal court, in a judgement issued by a three-member panel led by Justice Jummai Hanatu, stated that the FG flagrantly breached the law when it forcibly returned Kanu from Kenya to the nation for the continuation of his trial.
It ruled that such extraordinary rendition, without due process of law, was a flagrant violation of all international treaties, protocols, and standards to which Nigeria is a party, as well as a violation of the Appellant’s fundamental human rights.
The appeal court noted that the FG failed to rebut the claim that the IPOB leader was in Kenya and was kidnapped and returned to the nation without any extradition proceedings.
Furthermore, the court pointed out that Nigeria is a member to the OAU Convention, which it ratify on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it stated outlined how a wanted person might be moved from one nation to another.
It ruled that every extradition request must be written and include a declaration detailing the crimes for which a person is wanted.
The appeal court ruled that the FG’s actions contaminated the whole procedure against Kanu and amounted to a broad misuse of criminal prosecution.
The appellate court stated that making an order on the proscription of IPOB would be prejudicial because the case is currently on appeal.
It ruled that the lower court’s proscription order would remain in effect until thrown aside.
