Justice E.C. Mwita of the High Court in Nairobi, Kenya, has
declared the abduction, detention and subsequent rendition to Nigeria of the
Biafra Nation agitator, Mazi Nnamdi Kanu, as illegal and unlawful.
The judge held that the rendition carried out in June 2021
was a gross violation of the fundamental rights of the leader of the Indigenous
People of Biafra, IPOB.
In a 13-page judgment delivered on June 24, 2025, Justice
Mwita held that the actions of both the Kenyan and Nigerian governments
amounted to gross violations of Kanu’s fundamental human rights as protected by
their respective constitutions.
The court also awarded Kanu 10 million Kenyan shillings in
compensatory damages against the Kenyan government for its role in the unlawful
abduction and rendition.
Justice Mwita said, “Having considered the pleadings and
arguments by parties, the decisions relied on, the Constitution and the law, I
come to the following conclusions:
“First, the government of Kenya violated the Constitution
and Mr. Nnamdi Kanu’s rights and fundamental freedoms.
“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 and fundamental
freedoms.
“Mr. Nnamdi was, however, abducted, kept in solitary
confinement, tortured, and denied food and medication — a breach of basic
rights.
“He was chained, humiliated, ridiculed, and held in
contempt, and later forcibly removed from Kenya without following the law, in
violation of his rights and fundamental freedoms, for which the government of
Kenya is liable.
“Based on the above conclusions, the court makes the
following declarations and orders it considers appropriate: A declaration is
hereby issued that the abduction of Mr. Nwannekaenvi Nnamdi Kenny Okwu Kanu;
holding him in incommunicado confinement, torturing him, and denying him food,
water, medication, and other basic necessities was a violation of his rights
and fundamental freedoms.
“A declaration is hereby issued that 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; his rights and
fundamental freedoms, including freedom of movement and security of the person
guaranteed by the Constitution of Kenya, 2010, and, therefore, unconstitutional
and illegal.
“An order for compensation is hereby issued awarding Mr.
Nwannekaenvi Nnamdi Kenny Okwu-Kanu general damages of Kshs 10,000,000
(₦119,546,576.79) against the Attorney General of Kenya on behalf of the
government of Kenya for the violation of Mr. Nwannekaenvi Nnamdi Kenny
Okwu-Kanu’s constitutional rights and fundamental freedoms.”
Meanwhile, the Indigenous People of Biafra (IPOB) has lauded
the judgment as a landmark victory, saying it vindicated the group’s
long-standing position since what it described as the sham and farcical trial
of its leader in Nigeria.
A statement signed by the IPOB spokesperson, Emma Powerful,
read, “The Indigenous People of Biafra (IPOB) wish to formally announce a
resounding judicial earthquake that has shaken the legal foundations of the
fraudulent rendition of our leader, Onyendu Mazi Nnamdi Kanu.
“In a historic, courageous, and landmark judgement delivered
on June 24, 2025, the High Court of Kenya, sitting in Nairobi, found that the
abduction, incommunicado detention, torture, and illegal transfer of Mazi
Nnamdi Kanu from Kenya to Nigeria in June 2021 was unlawful, unconstitutional,
and a gross violation of his fundamental human rights under Kenyan and
international law.
“This judgement vindicates our consistent position that what
transpired in Nairobi in June 2021 was not extradition but extraordinary
rendition: a criminal act of state-sponsored international terrorism involving
the highest authorities of the Nigerian and Kenyan governments.
“We are grateful beyond measure to the brilliant legal
leadership of Professor P.L.O. Lumumba, lead counsel in the Kenyan litigation,
whose courage, clarity, and tenacity led to this monumental legal victory.
“IPOB also extends heartfelt appreciation to the Kenyan
judiciary, especially Hon. Justice E.C. Mwita, who stood tall against ferocious
political interference and international diplomatic pressure to deliver a
fearless judgement grounded in law, morality, and constitutional justice.
“We know, and now the world must acknowledge, that Mazi
Nnamdi Kanu did not commit any crime in Kenya. He entered Kenya lawfully as a
British citizen.
“He was abducted in broad daylight at Jomo Kenyatta
International Airport by agents of Nigeria’s secret police in collusion with
rogue elements of the Kenyan security apparatus.
“He was chained, tortured, denied medication, and eventually
bundled onto a private jet and flown illegally to Abuja without any extradition
hearing or judicial warrant.
“This verdict places a permanent and indelible legal stain
on the records of former Presidents Uhuru Kenyatta of Kenya, Muhammadu Buhari
of Nigeria, and former Attorney General Abubakar Malami, and their accomplices.
“It also exposes the criminal lobbying missions embarked
upon by Nigerian leaders from Buhari, Osinbajo, to Tinubu and Shettima, all of
whom tried and failed to manipulate Kenya’s judiciary to cover up this
internationally condemned act of extraordinary rendition.
“Let it be known that this is not the end. This is 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.
“Neither British diplomatic complicity nor cowardly silence
from Western powers will shield the perpetrators from the legal, diplomatic,
and moral reckoning that is coming.”
“To Justice E.C. Mwita, we say thank you for your judicial
bravery. To Professor P.L.O. Lumumba and his team, we salute your exceptional
advocacy.
“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,” he said.
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