In a landmark decision that could reshape the framework of international extradition in Africa, the High Court of Kenya has ruled that the abduction and forced transfer of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), from Kenya to Nigeria in 2021 was both unlawful and unconstitutional.
Justice E.C. Mwita, who delivered the ruling in Nairobi on Monday, affirmed that Kanu’s arrest, detention, and rendition violated his fundamental rights as protected under the Kenyan Constitution and international law.
“The government of Kenya violated the Constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms,” Justice Mwita ruled. “Having entered Kenya lawfully, he was subject to the protection offered by the Constitution of Kenya 2010, and the government of Kenya had an obligation to uphold and protect his rights.”
The court determined that Kanu was “abducted, kept in solitude confinement, tortured and denied food and medication… chained, humiliated, ridiculed and held in contempt”, and that he was subsequently removed from Kenya without any due legal process.
Justice Mwita further stated, “The abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria was in violation of the laws of Kenya… and therefore unconstitutional and illegal.”
As a result, the court awarded Kanu ten million Kenyan shillings (approximately ₦120 million) in general damages, to be paid by the Kenyan government via the Office of the Attorney General.
Reacting to the verdict, IPOB hailed the ruling as a “judicial earthquake” and described it as a “historic, courageous, and landmark judgement” that uncovered what it termed a “criminal act of state-sponsored international terrorism.”
In a statement signed by the group’s spokesperson, Emma Powerful, IPOB said: “This judgement vindicates our consistent position that what transpired in Nairobi in June 2021 was not extradition but extraordinary rendition — a criminal act involving the highest authorities of the Nigerian and Kenyan governments.”
The group commended legal scholar and activist, Professor PLO Lumumba, who served as lead counsel, crediting him for his “brilliant legal leadership,” and appreciating his “courage, clarity, and tenacity” in securing the judgement.
IPOB also criticised former Nigerian and Kenyan leaders, including ex-Presidents Muhammadu Buhari, Uhuru Kenyatta, and former Attorney General Abubakar Malami, accusing them of coordinating and concealing the unlawful rendition.
“This verdict places a permanent and indelible legal stain on the records of former presidents… and their accomplices,” IPOB stated, adding that the judgement exposed “criminal lobbying missions” by both current and past Nigerian Leaders.
The group emphasized that the ruling marked not a conclusion but “the beginning of a global accountability campaign.”
“All those responsible — in Kenya, Nigeria, or elsewhere — shall be pursued to the ends of the earth under the universal principle of accountability for crimes against humanity,” the group vowed.
Additionally, IPOB condemned Western powers over what it referred to as “British diplomatic complicity and cowardly silence”, asserting that no political clout or geographical barrier would protect perpetrators from eventual justice.
“To Justice E.C. Mwita, we say thank you for your judicial bravery,” the statement concluded. “To the oppressed peoples of the world, this is your victory — a warning to tyrants that international borders will no longer shield criminal regimes from justice.”
Kanu, a British citizen and vocal advocate for Biafran independence, was reportedly abducted in June 2021 at the Jomo Kenyatta International Airport in Nairobi and flown to Nigeria under questionable conditions. His arrest triggered widespread global condemnation and brought to light serious concerns over extraordinary rendition and the misuse of legal processes by state actors.
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