By Vivian Okejeme, Abuja
The Abuja Division of Court of Appeal has faulted the arrest and trial of detained leader of the proscribed Indeginous People of Biafra (IPOB), Nnamdi Kanu who is facing treasonable felony charges preferred against him by the Federal Government.
The three-member panel of Justices of the Appellate Court, led by Justice Jummai Hanna Sankey set aside the judgement of the Federal High Court, Abuja, which quashed 8 out of 15 counts charge against Kanu on the ground of the circumstances of his arrest.
The court held that the 15-count charge preferred against Kanu did not disclose the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
Justice Binta Nyako of the lower court, in her judgement, maintained that counts 1, 2, 3, 4, 5, 8, and 15 showed some allegations against Kanu, thereby ordered him to face the trial.
Not satisfied with the decision of the lower court, Kanu, through his team of lawyers led by Chief Mike Ozekhome (SAN), headed to Appeal court, praying it to quash the remaining seven counts for being devoid of merit.
The appellate court agreed with Ozekhome (SAN) that, Kanu was illegally abducted and extra-ordinarily renditioned from Kenya to Nigeria, against both, International and local laws.
The judgement delivered by Justice Oludotun Adetope-Okojie, accused the Federal Government of engaging in “Executive recklessness”.
It held that the prosecution flagrantly violated all known laws and extradition treaties in the way the IPOB leader was extra-ordinarily rendered back to Nigeria from Kenya.
The panel held that the prosecution in their counter affidavit, couldn’t deny that it forcefully abducted Kanu from Kenya.
“By the illegal abduction and extra- ordinary rendition of the appellant, there was a clear violation of the respondent to International treaties, conventions, as well as the African Charter on Human and Peoples Right”, the court held.
The panel also held that the trial court lack jurisdiction to handle the charges against Kanu, as he was not properly arraigned before the court.
The panel, presided by Justice Jummai Hanatu, also held that the offences Kanu was alleged to have been committed happened in Kenya and not in Nigeria.
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