- Kanu fled Nigeria in 2017 while on bail facing charges of terrorism and incitement.
- They have also faulted the state for failing to follow due process in the removal of Kanu therefore it is unconstitutional.
Image: FILE
The family of British-Nigerian Biafra leader Nnamdi Kanu has challenged his extradition to Nigeria, saying it’s unconstitutional and a violation of his rights.
His brother Kingsley Kanu, who is based in Germany, has sued the Kenyan authorities for allowing the forced removal of his brother from the country to Nigeria.
Kanu is the leader of Biafra Group—Indigenous People of Biafra— calling for self-determination for Biafra land, their principal demand is a referendum.
According to reports by international media, Kanu fled Nigeria in 2017 while on bail facing charges of terrorism and incitement.
Through lawyer Prof George Wajackoya, Kingsley claims his brother was forcibly taken and extradited to Nigeria without his consent.
He wants a declaration that the kidnapping, arrest and later forcible removal of Kanu from Kenya to Nigeria was unconstitutional and in violation of the Extradition Act.
“A declaration issued that detaining the subject herein without justification and without informing him of the reasons for the detention was a violation of his rights protected by the constitution,” the petition reads.
They have also faulted the state for failing to follow due process in the removal of Kanu therefore it is unconstitutional.
Wajackoya further argues that Kanu is entitled to a fully accurate and faithful disclosure of all information relating to the diplomatic state representations made by the Kenyan authorities on his behalf with Nigeria.
According to court papers, Kanu arrived at Jomo Kenyatta International Airport in Nairobi in May 2021 from Kigali Rwanda on an East African Tourist visa.
It is alleged that he was in Kenya for indigenous People of Biafra-related work.
“He was residing at Purple Haze Apartments Kitale Lane where he intended to spend a few weeks in Nairobi before travelling back to the UK.”
He was admitted to Nairobi Hospital on May 13, 2021, owing to a pre-existing heart condition, he spend one night being treated and was discharged the next day.
On June 19, he drove to JKIA with the intent of picking someone up and while at the airport, he was on a call with his brother promising to call him back but he never did.
His personal secretary Erina Notala Gitau informed the brother that Kanu had not returned to the apartment and his passport was still in the house meaning he didn't have any intention of travelling out of the country.
The court has been told that on June 29, it was reported that Nigeria’s Attorney General Abubakar Malami said Kanu had been extradited to Abuja after the cooperation between Nigerian intelligence Services and Interpol.
The family believes that Kanu was apprehended at the airport on June 19 and unlawfully detained for several days after which he was illegally and stealthily extradited to Nigeria without his British passport in utter non-compliance with laid down processes of laws in Kenya relating to extradition.
“Contrary to the procedures set out under the Extradition Act, he was not shown a warrant of his arrest and neither was he allowed to speak to his lawyers or to challenge the lawfulness of his detention and subsequent removal,” read court documents.
Wajackoya says he was never notified that he was classified as a prohibited immigrant in Kenya because he would not have been granted a visa in the first instance or allowed to exit the airport on arrival.
It is claimed that Kanu formerly held Nigerian citizenship but renounced it in 2015 and, consequently, his Nigerian passport was taken away from him by the Nigerian authorities.
Justice Hedwig Ong'udi on Tuesday gave the state more time to respond to the petition filed in court.
The case will be mentioned on November 3.
-Edited by SKanyara