In a landmark judgment with wide-reaching legal and diplomatic implications, the High Court in Nairobi has ruled that the 2021 abduction and forced transfer of Nnamdi Kanu — leader of the Indigenous People of Biafra (IPOB) — was unlawful, unconstitutional, and a flagrant violation of his fundamental rights.
Delivering the judgment on Tuesday, June 24, 2025, Justice E.C. Mwita held both the Kenyan and Nigerian governments responsible for Kanu’s illegal arrest and rendition. The judge criticized the operation as a breach of Kenya’s constitutional protections and international extradition protocols.
Kanu, a British citizen who had lawfully entered Kenya, was abducted in June 2021 from Jomo Kenyatta International Airport, held incommunicado, tortured, and then flown to Nigeria without a court order or due legal process.
Justice Mwita ruled that the Kenyan government had violated its own laws and Constitution by participating in the operation. “The abduction and subsequent forcible removal of Mr. Nnamdi Kanu from Kenya to Nigeria was in violation of the laws of Kenya and the Constitution of Kenya, 2010,” the ruling stated. “It was unconstitutional, illegal, and a breach of his fundamental rights and freedoms.”
The court awarded Kshs 10 million (approximately ₦119.5 million) in damages to Kanu, citing the Kenyan state’s role in what it described as a “state-sponsored abduction, torture, and illegal transfer.”
The ruling has been widely hailed as a significant legal precedent and a direct challenge to the controversial practice of “extraordinary rendition” — the extrajudicial transfer of individuals across borders without legal sanction.
In its response, IPOB welcomed the judgment, calling it a “judicial earthquake” that confirms its long-held claims of international wrongdoing.
“This judgment vindicates our position that what occurred in Nairobi was not an extradition, but a criminal act of extraordinary rendition sanctioned by the highest levels of the Kenyan and Nigerian governments,” said IPOB spokesperson Emma Powerful.
“The ruling exposes a series of international crimes against Onyendu Mazi Nnamdi Kanu and casts a permanent shadow on the legacies of former Presidents Uhuru Kenyatta and Muhammadu Buhari, along with their collaborators.”
The legal case in Kenya was led by prominent constitutional lawyer and former anti-corruption chief, Professor P.L.O. Lumumba. IPOB praised his leadership as “brilliant, courageous, and unrelenting,” noting that the victory was not only for Kanu but for the broader cause of human rights and legal accountability.
“We owe an immense debt of gratitude to Professor Lumumba and his team. Their advocacy has not only delivered justice to our leader but also set a powerful legal precedent that rogue governments cannot hide behind sovereignty to commit abuses,” IPOB said.
The group also lauded the Kenyan judiciary for resisting diplomatic and political pressure, and for upholding the rule of law.
“This verdict is a victory for oppressed peoples everywhere and a warning to tyrants: borders will no longer protect them from justice,” the statement added.
As of now, the Nigerian government has not issued an official response to the ruling. However, legal experts warn that the judgment could escalate diplomatic tensions and expose both nations to potential international lawsuits.
Analysts suggest the ruling may bolster Kanu’s legal position in Nigeria, where he remains detained on charges of treason and terrorism — charges that human rights groups and legal scholars have consistently criticized as politically motivated.
IPOB has vowed to escalate its advocacy, launching a global campaign to hold all individuals involved accountable under international human rights law.
“This is just the beginning of a broader reckoning,” the group declared. “No one involved — whether in Nairobi, Abuja, or London — will be spared from justice.”
The 2021 incident ignited widespread outrage and global scrutiny, reigniting debates on state power, legal safeguards, and the rights of self-determination activists. With the Nairobi court’s decision now on record, pressure is mounting on the Nigerian government to revisit Kanu’s detention and legal status.
Legal commentators say the judgment could serve as a pivotal tool for Kanu’s defense or form the basis of international legal action against both the Buhari and Tinubu administrations.
