Kenyan Court Declares Nnamdi Kanu’s Transfer to Nigeria Illegal
A High Court sitting in Nairobi has declared his abduction and transfer to Nigeria in June 2021 illegal and unconstitutional. The court further awarded Kanu a compensation of 10 million Kenyan Shillings, approximately ₦119 million, for the violation of his fundamental rights.
Delivering the judgment, Justice E.C. Mwita ruled that Kanu’s arrest, detention without trial, and subsequent handover to Nigerian authorities amounted to extraordinary rendition a serious breach of both Kenyan constitutional rights and international human rights obligations.
“The respondent’s actions abduction, incommunicado detention, and forced return to Nigeria were arbitrary, unconstitutional, and amounted to a violation of the applicant’s fundamental rights to liberty, dignity, and protection under the law,” Justice Mwita stated.
The court also directed the Kenyan government, through the Office of the Attorney General and Ministry of Interior, to pay the compensation awarded to Kanu and ensure such violations do not recur.
Kanu, who fled Nigeria in 2017 while on bail, was reportedly abducted in Nairobi in June 2021 by unidentified operatives in collaboration with local and foreign security agents. He was later transferred to Nigeria under circumstances that rights groups and legal experts described as a blatant abuse of legal procedure.
Reacting to the ruling, IPOB hailed the decision as a “judicial earthquake,” stating that it vindicates their long-standing claims of illegal rendition and abuse. A spokesperson for the group said the judgment marks a critical step in holding all actors involved in the abduction accountable under international law.
“This is a massive victory for justice, not just for our leader but for all oppressed people. The Kenyan court has shown rare courage in standing by the truth,” the statement read.
Human rights activist and presidential candidate Omoyele Sowore also weighed in on the development, condemning both the past and present Nigerian governments for their role in what he termed a “criminal act of brigandage.” He called for Kanu’s immediate release, citing the illegality of the entire process that led to his detention.
The Nigerian government is yet to issue an official response to the ruling. However, legal observers say the judgment may add renewed pressure on the administration of President Bola Tinubu to review Kanu’s case, particularly amid growing calls for his release from civil society groups, lawmakers, and international observers.
Kanu is currently facing trial in Nigeria on charges related to treason, terrorism, and incitement linked to his leadership of IPOB, a group seeking the secession of Biafra from Nigeria.
With this landmark verdict, attention now turns to the next steps in what has become a politically sensitive and diplomatically entangled legal case one that continues to generate heated debate across Nigeria and beyond.
