A lawyer representing Nnamdi Kanu, Christopher Chidera, has submitted a petition to the Nigerian Bar Association and the International Bar Association, alleging that the Nigerian government is acting as both "terrorist and prosecutor" in Kanu's ongoing case. Chidera's petition is on behalf of the Mazi Nnamdi Kanu Global Legal Consortium. He claims that the government's actions raise serious questions about the fairness of Kanu's trial.
According to Chidera, the Supreme Court and a Kenyan court have made findings that suggest Kanu was unlawfully rendered from Kenya. The Supreme Court judgment, delivered by Justice Emmanuel Agim, reportedly found that Nigerian agents kidnapped and abducted Kanu from Kenya, subjecting him to extraordinary rendition. This has led Chidera to question the legitimacy of the government's continued prosecution of Kanu.
Chidera cited a Kenyan High Court ruling that declared Kanu's abduction and forcible removal from Kenya unlawful and unconstitutional. The ruling also noted that Kenyan law criminalises taking a person beyond the country's borders without consent. Chidera argues that Kanu's removal falls within this definition, further supporting his claim that the government's actions are unlawful.
The lawyer invoked Nigeria's Terrorism (Prevention and Prohibition) Act, 2022, which includes kidnapping and certain violations of international treaties within the definition of acts of terrorism. Chidera contends that the Supreme Court's finding that Kanu was kidnapped and subjected to extraordinary rendition means that the Nigerian state cannot prosecute him for terrorism after allegedly engaging in conduct that falls within the same statutory definition.
Chidera stated that "the state cannot be both the terrorist and the prosecutor" and that "he who goes to equity must go with clean hands." He also challenged the legal basis for the continuation of Kanu's trial after the Court of Appeal had discharged and acquitted him. According to Chidera, the Supreme Court's decision ordering the continuation of the case contained fundamental legal errors.
The lawyer questioned how counts earlier quashed by the Court of Appeal were subsequently restored and maintained that the alleged errors had consequences for the proceedings that followed and the conviction subsequently entered against Kanu by Justice James Omotosho. Chidera called for the legal issues surrounding Kanu's rendition, prosecution, and conviction to be critically examined.
The case involving Nnamdi Kanu, the leader of the Indigenous People of Biafra, has been ongoing for some time. Kanu was initially discharged and acquitted by the Court of Appeal, but the Supreme Court ordered the continuation of the case. The development has sparked concerns about the fairness of Kanu's trial and the Nigerian government's actions in the case.
Key points
- The Nigerian government is accused of acting as both "terrorist and prosecutor" in Nnamdi Kanu's case.
- The Supreme Court found that Nigerian agents kidnapped and abducted Kanu from Kenya, subjecting him to extraordinary rendition.
- The lawyer representing Kanu has called for the legal issues surrounding his rendition, prosecution, and conviction to be critically examined.
