₦airaland Forum

The British High Court has made an unconventional ruling in a significant human rights case centred on Mazi Nnamdi Kanu, a British national and the leader of the Indigenous People of Biafra (IPOB).

Kanu had approached the court to challenge the United Kingdom's government for not defending him despite being a citizen against the Nigerian government.

His legal team led by John Halford, Head of Public Law and Human Rights in Blindsman LLP had said that in June 2021, he (Kanu) was abducted from the airport in Nairobi, Kenya, by Nigerian security services and was detained and tortured for around 10 days in Kenya.

He was then flown, blindfolded, on a private plane to Nigeria.

In a statement on Thursday, Aloy Ejimakor, Special Counsel to Kanu and IPOB said though the UK High Court frowned at his rendition to Nigeria, it however ruled that the Foreign Secretary did not have to reach the same conclusion.

He said the court also highlighted extracts from the opinion of the UN Working Group on Arbitrary Detention and the Nigerian courts, which unanimously found that Kanu was subject to extraordinary rendition and which called for his release.

The Working Group on arbitrary detention is under the United Nation Commission on Human Rights (UNCHR).

The group comprises scholars and experts who specialise in human rights issues and related laws.

In its report on July 20, 2022, The UN group described Kanu’s repatriation from Kenya in June 2021 as “illegal, unlawful, unconstitutional extradition.”

It also called for the immediate release of the IPOB leader and compensation by the Nigerian and Kenyan governments for the way he was treated.

In the document, the body also indicted both Nigeria and Kenya for Kanu’s abduction and rendition.

Despite the call by the UN Working Group, the Nigerian government has however failed to release the IPOB leader.

Ejimakor said, “Whilst Mr Justice Swift noted the findings of the UN Working Group on Arbitrary Detention and the two separate rulings from Nigeria’s High Court and Court of Appeal that Mr Kanu had been extraordinarily rendered to Nigeria following his ‘interception’ in Kenya by Nigerian security forces and observed himself that Mr Kanu had been subject to “rendition”, he went on to hold that the Foreign Secretary was legally entitled to make no decision on whether this is the case or not. Bindmans, LLP, the legal team acting for Mr Kanu’s family described the ruling as “extremely difficult to reconcile with long-standing legal precedent and the principle underpinning it”.

“Mr Kanu’s case was heard over four months ago on 15 November 2022. In today’s judgment, Mr Justice Swift noted the evidence of serious wrongs having been committed against Mr Kanu, including that in 2017, the Nigerian state had attempted to kill Mr Kanu (for which a Nigerian High Court awarded compensation and an order for apology), that the Nigerian authorities captured Kanu in 2021 whilst he was in Kenya and subjected him to inhuman and degrading treatment, and crucially that he was subject to “rendition”.

“However, despite clearly recognising the gravity of the wrongs committed against Mr Kanu, the Court disappointingly held that Mr Kanu has no legitimate expectation that the British government should reach a firm view for itself on what had occurred or its seriousness. This is particularly surprising given that the Court itself reached the view that Mr Kanu had been rendered on the basis of the evidence before it.

“The Court’s judgment is unsatisfactory not just for Mr Kanu but for any British national who finds themselves subject to a serious violation of their rights whilst abroad. It effectively enables the Foreign Secretary to prevaricate indefinitely in the face of such a violation and consequently limits the steps the British authorities should take to assist a British national, even in circumstances where there is unequivocal evidence of that violation.

“The Kanu family has appealed against the judgment. Reflecting on the judgment, Kingsley Kanu, who brought the lawsuit said: “The UK High Court has now joined the Nigerian High court and Court of Appeal and the United Nations in recognising, correctly, that my brother was subject to extraordinary rendition. That is something of importance. But I find it very disappointing that in spite of this, the High Court has held that the British authorities are not required to reach a decisive view on his rendition and can refuse to confront the mass of evidence of what has occured. Until the British authorities reach such a view, it is impossible for them to properly consider what steps should be taken to assist my brother.”

“Kanu’s family is represented by John Halford and Shirin Marker of Bindmans LLP, together with Charlotte Kilroy QC of Blackstone Chambers and Tatyana Eatwell of Doughty Street Chambers.

“Ms Shirin Marker said today, that: “Despite taking four months to decide this case, the High Court has produced a judgment that is extremely difficult to reconcile with long-standing legal precedent and the principle underpinning it, which is that British Citizens abused abroad are entitled to expect decisiveness and protection from the British Government, rather than years of hand-wringing procrastination.”

flokii:
You passed through nothing.. Go read about "Doctors without borders" and their many humanitarian struggles to save dying Igbo women and kids and those starved almost to death during the civil war.
Ojukwu must be in hell fire now for leading a war he wasn't meantally fit for.. His own kids were drinking bournvita with milk inside bunker with him while Igbo masses were starving to death with their kids. Tales have it that it was the starvation that led to some Igbo clans becoming cannibals, eating their fellow human flesh to survive.

If not for Gowon and Awolowo that considered God in your matter.. Y'all would have been history, forgotten for ever.

plaindealer:

plaindealer:
https://twitter.com/search?q=%23BiafraExit&src=trend_click&vertical=trends



We predicted and saw this coming...

maasoap:
You made it your song but guess what? Afonja Muslim will direct and dictate your life for the next 4 to 8 years! Happy everlasting wailings in your miserable life

FreeStuffsNG:
Your comment reminds me of those ones credited to Mr Chinedu o

BlakKluKluxKlan:
Better

ChiefJusticeFuc:
Onitsha area boys go show dem pepper , sit at home and other ipob absurdities go make dem miss Lagos. Armed robbery and killings go make them japa out of their yeast.

Yeye mouth breathers

Afamed:
Keep quiet , Dangote with over $45b investment no dey make noise. Una with 2metre/ metre shop , na una make noise pass

Throwback:
I will donate trucks to hasten the movement if that is what they want.

Empty threats by economic refugees.

BlakKluKluxKlan:
We've been hearing that since 1967.

God1000:
This isn't good for our unity

We are moving Spare parts market in Lagos to the East
~~Igbo traders Union
Now you are talking

Yamiriflathead:
That's why we won't let them go. They think they're smart
You want to form your own country strictly for ibos, meanwhile you have an overbearing population scattered throughout the nooks and crannies of all geopolitical zones

Unless, there's an Exodus movement or mutual agreement for all Igbos to VACATE Nigeria in totality to their Region strictly, there shall be No BIAFRA for you

FreeStuffsNG:
I agree the nation needs truth tellers. We do not need hate and bigotry like this

Everfrank:
Just do the right thing and you get Biafra. Prevail on your national assemblyembers to present a bill seeking for a referen um to create Biafra. Nnamdi Kanus way will only continue poisoning your minds and hate the more
Nowhere has hatred attracted love.

DodadaKoKigbe:
YES! We know Obi was just a place holder for Kanu/Biafra or Death. Obi is finished politically so its time for plan B.

FreeStuffsNG:
See so much hate and bigotry in your cyberbullying comment.

You are so hate filled that nobody can share a country with you in peace. I just told you nicely that it is not completely true to cry that when Nigerians rejected the mediocre and divisive candidates lp presented it then means the Igbo were rejected.

BlakKluKluxKlan:
And it will be a sweet good riddance to bad rubbish.

StreetFight:
If you do anyhow, you will see anhow

BlakKluKluxKlan:
Bunch of irridentists and gullible mofos.
Nnamdi Kanu's voice on #EndSars ordering Ibos to destroy Yoruba and Tinubu's property will be sweet music in the latter's ears now. Awon oponu.

FreeStuffsNG:
Just because your choice of candidates are mediocre and Nigerians rejected them at the polls, abi?smh

Before you enter express, please look at the map of Nigeria again o. You are encircled by Nigeria so we are stuck togethet like bread and butter

Dolphinhit:
This one is a fool.