Nnamdi Kanu Alleges FG’s Legal Tricks To Keep Him Detained Indefinitely

Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has raised concerns over what he describes as a systematic legal maneuver by the Nigerian government to keep him in indefinite detention. Kanu, who has been in custody since his extraordinary rendition in 2021, detailed these claims in an open letter to Nigerians, highlighting what he calls executive and judicial misconduct.

Judicial Rulings Ignored

Kanu recalled a significant ruling from the Federal High Court, Abuja, on March 1, 2017, which declared that IPOB was not an unlawful group. Despite this, the Nigerian government, instead of appealing the ruling through legal channels, took an ex parte decision to designate IPOB as a terrorist organization. This, he argues, was orchestrated behind closed doors without his or IPOB’s representation, violating due process.

Extraordinary Rendition and Rights Violations

In October 2022, a Federal High Court ruled that Kanu’s extraordinary rendition from Kenya and subsequent detention were unconstitutional. The court found that his treatment in detention amounted to inhumane and degrading conditions, violating his fundamental rights under Section 34(1)(a) of Nigeria’s 1999 Constitution.

The ruling mandated the federal government to apologize and compensate him. However, instead of adhering to the court’s directives, the government continued to defy the ruling, keeping Kanu detained.

Court of Appeal’s Verdict and Government Resistance

A landmark judgment from the Court of Appeal on October 13, 2022, emphasized that executive actions should not override the judiciary’s independence. The ruling explicitly stated that Kanu’s forced rendition violated both international and domestic laws, thereby stripping Nigerian courts of the jurisdiction to prosecute him.

Despite the clarity of this judgment, the government, instead of complying, allegedly influenced a panel of justices to overturn the decision by issuing a stay of execution—an act Kanu considers fraudulent. He questioned the logic of staying a judgment that the government had already ignored, pointing out that the Supreme Court has repeatedly held that judicial relief cannot be granted to parties who disobey court orders.

Supreme Court’s Decision and Continued Legal Battle

On December 15, 2023, the Supreme Court referred Kanu’s case back to the Federal High Court, prolonging the legal struggle. This move, according to Kanu, is part of a broader strategy to keep him detained indefinitely without fair legal redress.

Implications of Kanu’s Prolonged Detention

Kanu’s continued detention has sparked concerns over the government’s commitment to upholding the rule of law and human rights. Legal experts argue that persistent judicial manipulations in politically sensitive cases erode trust in the judiciary and could lead to further unrest.

As this case continues to unfold, many Nigerians and international observers are closely monitoring the legal proceedings. Will the Nigerian government abide by the judiciary’s rulings, or will Kanu’s detention remain a point of contention?