The Court of Appeal in Abuja has struck out a case of terrorism against the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.
Kanu was discharged and acquited on Thursday by the court after he had been absolved of charges preferred against him by the Department of State Service (DSS).
The decision of a three-man appellate court, which was led by Justice Jummai Hanatu, ruled that the FG flagrantly violated the law by forcefully rendering Kanu from Kenya to the country for the continuation of his trial.
The court also ruled that such extra-ordinary rendition, without adherence 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.
The court noted that the FG failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding.
However, it “ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
The court said: “In law, that is a costly failure and 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. So, the onus was on FG to prove the legality of the Appellant’s arrest and return from Kenya.
The court further noted that Nigeria is a signatory to OAU Convention which it ratified on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it said prescribed how a wanted person could be transferred from one country to the other.
It held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted.
The appellate court held that FG’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 held, even as it accused FG of engaging in “serious abuse of power.”
Nevertheless, the appellate court said it would be pre-judicial for it to make an order on the proscription of IPOB since the issue is still on appeal.
It held that the proscription order by the lower court would subsist until it is set aside.