A High Court in Nairobi, Kenya, has declared the 2021 abduction and forced rendition of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), as illegal and unconstitutional.
In a landmark judgment delivered by Justice E.C. Mwita on Friday, the court ruled that the actions of both the Kenyan and Nigerian governments violated Kanu’s fundamental human rights, as enshrined in their respective national constitutions.
Justice Mwita condemned the arrest, detention, and subsequent transfer of Kanu to Nigeria without due legal process, describing it as a gross breach of international and domestic human rights standards.
As part of the ruling, the court ordered the Kenyan government to pay Kanu 10 million Kenyan shillings (approximately ₦120 million) in compensatory damages for its role in the illegal operation.
The decision marks a significant legal victory for Kanu, whose arrest and rendition from Kenya to Nigeria in June 2021 sparked international criticism and human rights concerns.
Justice E.C. Mwita said, “Having considered the pleadings and arguments by parties, the decisions relied on, the Constitution and the law, I come to the following conclusions:
“First, the government of Kenya violated the Constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms. Having entered Kenya lawfully he was subject to the protection offered by the Constitution of Kenya 2010 and the government of Kenya had an obligation to uphold and protect his rights and fundamental freedoms.
“Mr. Nnamdi was, however, abducted, kept in solitude confinement, tortured and denied food and medication, a breach of basic rights. He was chained, humiliated, ridiculed and held in contempt and later forcibly removed from Kenya without following the law in violation of his rights and fundamental freedoms for which the government of Kenya is liable.
“Based on the above conclusions, the court makes the following declarations and orders it considers appropriate: A declaration is hereby issued that the abduction of Mr. Nwannekaenvi Nnamdi Kenny Okwu Kanu; holding him in incommunicado confinement, torturing him and denying him food, water, medication and other basic necessities was a violation of his rights and fundamental freedoms.
“A declaration is hereby issued that the abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria was in violation of the laws of Kenya; his rights and fundamental freedoms, including freedom of movement and security of the person guaranteed by the Constitution of Kenya, 2010 and, therefore, unconstitutional and illegal.
“An order for compensation is hereby issued awarding Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu general damages of Kshs 10,000,000 (N119,546,576.79) against the Attorney General of Kenya on behalf of the government of Kenya for the violation of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu’s constitutional rights and fundamental freedoms.”
