…Awards ₦119.5m in Damages
A High Court in Kenya has declared the 2021 arrest and transfer of Nnamdi Kanu from Nairobi to Nigeria illegal and a blatant violation of his rights.
In a judgement that could ripple across international legal and diplomatic spaces, Justice E.C. Mwita, sitting in Nairobi, ruled that Kanu’s abduction, secret detention, torture, and eventual handover to Nigerian authorities did not follow due process and grossly breached the Kenyan Constitution.
“Having entered Kenya lawfully, he was subject to the protection offered by the Constitution of Kenya 2010,” Justice Mwita stated. “Mr Nnamdi was, however, abducted, kept in solitary confinement, tortured and denied food and medication… and later forcibly removed from Kenya without following the law.”
The court found both the Nigerian and Kenyan governments guilty of rights violations and ordered the Government of Kenya to pay 10 million Kenyan shillings — about ₦119.5 million — in general damages to Kanu.
Justice Mwita ruled: “A declaration is hereby issued that the abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria violated the laws of Kenya… and therefore, unconstitutional and illegal.”
This legal victory marks a major turn in the ongoing controversy surrounding the leader of the Indigenous People of Biafra (IPOB), who was seized in June 2021 and flown to Nigeria under secretive and controversial circumstances. The Nigerian government had insisted he was “intercepted.”
Reacting to the judgement, IPOB hailed it as a historic moment.
In a statement released by IPOB’s spokesperson, Emma Powerful, the group described the ruling as a “judicial earthquake.”
“The High Court of Kenya… found that the abduction, incommunicado detention, torture, and illegal transfer of Mazi Nnamdi Kanu… was unlawful, unconstitutional, and a gross violation of his fundamental human rights under Kenyan and international law,” the statement read.
IPOB insisted that what happened in 2021 was not extradition but “a criminal act of state-sponsored international terrorism involving the highest authorities of the Nigerian and Kenyan governments.”
The group praised renowned Kenyan legal scholar and lead counsel, Professor PLO Lumumba, for his role in securing the victory, and expressed deep appreciation to Justice Mwita “who stood tall against ferocious political interference and international diplomatic pressure.”
“This verdict places a permanent and indelible legal stain on the records of former presidents Uhuru Kenyatta of Kenya, Muhammadu Buhari of Nigeria, and former Attorney General Abubakar Malami,” IPOB declared.
IPOB further claimed that several Nigerian leaders, including former and current officials, had attempted to pressure the Kenyan judiciary into silence. “It also exposes the criminal lobbying missions embarked upon by Nigerian leaders — from Buhari, Osinbajo, to Tinubu and Shettima,” the group alleged.
Looking ahead, IPOB vowed to launch a global accountability campaign, saying, “All those responsible-in Kenya, Nigeria, or elsewhere—shall be pursued to the ends of the earth under the universal principle of accountability for crimes against humanity.”
The group concluded with strong words of gratitude: “To Justice E.C. Mwita, we say thank you for your judicial bravery. To Professor PLO Lumumba and his team, we salute your exceptional advocacy. To the oppressed peoples of the world, this is your victory — a warning to tyrants that international borders will no longer shield criminal regimes from justice.”
As of press time, neither the Nigerian nor Kenyan governments had issued any official response to the ruling.
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