For flagrantly violating the law, the Federal Government suffered a major defeat at the Court of Appeal on Thursday in Abuja as the court freed the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu.
The three-man appeal panel discharged and acquitted Kanu of the seven-count terrorism charge filed against him before the Federal High Court in Abuja.
It held that the extra-ordinary rendition of Kanu from Kenya to Nigeria to face terrorism charges was a breach of his fundamental human right, and did not adhere to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is signatory to, as well as a breach of the Appellant’s fundamental human rights.
For not contesting the allegation that the IPOB leader was abducted and brought back to the country without any extradition proceeding, court held that it was a costly failure adding, “such failure is an admittance by the Respondent. Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded.”
According to the appellate Court, the onus was on the Federal Government to prove the legality of the Appellant’s arrest and return from Kenya.
The court said that any extradition request must be in writing, with a statement indicating offences for which a person is wanted, the Appeal Court said the government’s action tainted the entire proceeding it initiated against Kanu and amounted to “an abuse of criminal prosecution in general”.
“The court will never shy away from calling the Executive to order when it tilts towards Executive recklessness”, the appellate Court said, adding that the government engaged in “serious abuse of power”.
