A landmark ruling by the High Court of Kenya in Nairobi has declared the 2021 arrest and transfer of Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu, to Nigeria as illegal, unconstitutional, and a profound violation of his fundamental human rights. Justice E.C. Mwita, who delivered the judgment, unequivocally stated that Kanu’s capture and subsequent handover to Nigerian authorities without due process amounted to an act of extraordinary rendition. The court found that Kanu was “kidnapped, blindfolded, held incommunicado, tortured and illegally handed over to Nigerian authorities,” despite having entered Kenya legally and being entitled to constitutional protections. The ruling emphasized that these actions breached both Kenyan law and international legal norms, including his basic rights to food, water, and medical care while in detention.

As a result of these gross violations, Justice Mwita awarded Kanu Ksh10 million (approximately N50 million) in damages against the Kenyan government. Kanu, who holds both Nigerian and British citizenship, was arrested in Nairobi in June 2021 and subsequently flown to Nigeria by security operatives, where he was arraigned and has remained in detention facing terrorism-related charges. His legal team in Nigeria has consistently argued that these charges are unsustainable given the unlawful nature of his extradition.

The judgment has been met with significant reactions. IPOB, through its spokesman Emma Powerful, hailed the ruling as a “historic and courageous affirmation of truth,” confirming their long-standing position that Kanu was unlawfully taken from Kenya. The group asserted that the landmark decision not only vindicated their leader but also exposed the “lies and atrocities committed by both the Nigerian and Kenyan governments,” describing the operation as a coordinated act of “state-sponsored international terrorism.” IPOB pledged to intensify efforts to seek international accountability for the incident, commending the Kenyan legal team, particularly lead counsel Professor PLO Lumumba, and praising Justice Mwita for a clear and courageous verdict that leaves a lasting legal and moral mark on the records of former Presidents Uhuru Kenyatta and Muhammadu Buhari.

Aloy Ejimakor, Kanu’s lead counsel in Nigeria, lauded the court for upholding the rule of law and expressed anticipation that the judgment would have serious implications for Kanu’s ongoing case in Nigeria. This Kenyan ruling echoes a similar decision by a Federal High Court in Umuahia, Nigeria, in October 2022, which also deemed Kanu’s extraordinary rendition illegal and ordered his return to Kenya, along with awarding N500 million in damages. However, the Nigerian Federal Government appealed that judgment.

Popular activist Omoyele Sowore also reacted to the Kenyan court’s decision, denouncing Kanu’s transfer as an “unjust and criminal act of brigandage.” Sowore publicly attributed the alleged infractions to both the past administration of President Muhammadu Buhari and the current administration of President Bola Tinubu, highlighting a continuity in the perceived wrongful actions against Kanu.