In a statement signed by its Director of Legal Affairs, Research and Global Communications, Barrister Onyedikachi Ifedi, IPOB described the Kenyan court ruling as a judicial indictment of what it called a “criminal operation” carried out under the watch of former Nigerian Attorney-General, Abubakar Malami.
The Indigenous People of Biafra (IPOB) has said that the judgment delivered by the High Court of Kenya declaring the arrest and transfer of its leader, Nnamdi Kanu, to Nigeria as illegal, is a clear indication that the ongoing trial of Kanu in Abuja by the Nigerian government is a “national disgrace”, an “act of terrorism” and a violation of both domestic and international law.
In a statement signed by its Director of Legal Affairs, Research and Global Communications, Barrister Onyedikachi Ifedi, IPOB described the Kenyan court ruling as a judicial indictment of what it called a “criminal operation” carried out under the watch of former Nigerian Attorney-General, Abubakar Malami.
“This ruling is not merely a vindication of Mazi Kanu’s long-standing position. It is a direct judicial indictment of the lawlessness perpetuated by the Nigerian government… that now exposes Nigeria to multiple counts of treaty violations, state-sponsored terrorism, and grave human rights abuses,” the statement read.
The ruling, delivered earlier this month by the High Court in Nairobi, declared that Kanu’s arrest and transfer from Kenya in June 2021 violated his fundamental rights to liberty, fair hearing, and due process.
The court noted that no extradition proceedings were conducted before Kanu was taken from Kenyan soil, effectively terming the act an abduction.
The court’s decision followed a suit filed by Kanu’s legal team in Kenya, alleging that he was kidnapped in Nairobi, held incommunicado, and flown to Nigeria without lawful extradition proceedings.
The Kenyan government had previously denied involvement, but the court found sufficient evidence that state agents had collaborated with foreign operatives in the illegal transfer.
The ruling aligns with similar findings by Nigeria’s Federal High Court sitting in Umuahia, Abia State, which in October 2022 held that Kanu’s extraordinary rendition violated his rights and ordered his release, a judgment that has yet to be fully enforced by Nigerian authorities.
Citing Section 2(3)(f)(ii) of Nigeria’s Terrorism (Prevention and Prohibition) Act 2022, IPOB argued that the act of abducting a person in violation of an international treaty amounts to terrorism under Nigerian law.
IPOB noted that the section defines terrorism to include acts that “unlawfully seize, kidnap or abduct any person” in breach of treaties to which Nigeria is a party.
“Any Nigerian official, civilian or military, involved in the abduction of Mazi Nnamdi Kanu from Kenya has, by operation of Nigerian law, committed an act of terrorism,” the statement added.
IPOB also referenced Article 12(4) of the African Charter on Human and Peoples’ Rights, which prohibits the expulsion of any legally admitted non-national without due legal process. The Charter is domesticated in Nigerian law.
The group urged Justice James Omotosho of the Federal High Court in Abuja, who is currently presiding over Kanu’s trial, to suspend proceedings and initiate a review of the court’s jurisdiction in light of the Kenyan ruling and Nigeria’s laws.
“A trial built on illegality is itself illegal. A court that closes its eyes to jurisdictional abuse loses moral and legal legitimacy,” IPOB declared.
Kanu was arrested in Kenya in June 2021 and flown to Nigeria to face terrorism-related charges.
The circumstances of his return sparked international concern and legal challenges both in Nigeria and abroad.
His trial resumed despite a prior Court of Appeal ruling in October 2022, which quashed all charges and ordered his release; this ruling was later stayed by the Supreme Court pending further proceedings.
In March 2025, the Nigerian Government re-filed amended charges, prompting renewed objections from Kanu’s legal team, who insist the trial lacks jurisdiction due to the illegal rendition.
IPOB urged the Nigerian government to immediately terminate the prosecution and comply with judicial pronouncements from both Kenya and Nigeria.
“Justice must begin with an acknowledgment of wrongdoing. Nigeria must release Mazi Nnamdi Kanu and terminate this trial forthwith, or risk being permanently stained as a rogue state that has criminalised its own Constitution,” IPOB stated.
