From Stanley Uzoaru, Owerri
The Indigenous People of Biafra (IPOB) hinging on the verdict of the Kenyan court on the illegal extradition of its leader, Mazi Nnamdi Kanu has asked Justice James Omotoso to look into the jurisdictional propriety of his trial.
In a statement by the Director of Legal Affairs, Research and Global Communications of IPOB, Onyedikachi Ifedi and released to newsmen further asked the judge to inquire if the whole exercise of the trial is not shrouded in Illegality.
He said ,”Now that a competent court in Kenya the territory from which Mazi Kanu was abducted has issued a reasoned, courageous, and unambiguous judgment, the Federal High Court sitting in Abuja can no longer pretend that the question of illegal rendition is irrelevant.
“In fact, by virtue of the Nigerian Terrorism (Prevention and Prohibition) Act 2022, His Lordship Justice James Omotosho is under a legal obligation to inquire into the jurisdictional propriety of the trial, including whether the foundation of this entire case is tainted by illegality.
“Indeed, Section 2(3)(f)(ii) of the Terrorism (Prevention and Prohibition) Act 2022 provides verbatim as follows:
“An act which deliberately (f) violates the provisions of any international treaty or resolution to which Nigeria is a party, subject to the provisions of section 12(1) of the Constitution of the Federal Republic of Nigeria, 1999 (ii) by unlawfully seizing, kidnapping or abducting any person shall be regarded as an act of terrorism under this Act.”
“This provision is clear, unambiguous, and devastating in its implication: any Nigerian official civilian or military involved in the abduction of Mazi Nnamdi Kanu from Kenya has, by operation of Nigerian law, committed an act of terrorism.
“Furthermore, Article 12(4) of the African Charter on Human and Peoples’ Rights, which is binding on Nigeria and domesticated as part of Nigerian law, provides:
“A non-national legally admitted in a territory of a State Party to the present Charter may only be expelled from it by virtue of a decision taken in accordance with the law.”
“No such decision was ever made by any court in Kenya. No extradition hearing was ever conducted. Mazi Kanu was blindfolded, tortured, and bundled onto a private jet in Nairobi, in a criminal enterprise more akin to Cold War-era renditions than anything permitted under contemporary African or international law.
“This is a matter that goes beyond mere legal technicality. The abduction of Mazi Nnamdi Kanu is a constitutional desecration, a betrayal of international obligations, and now under the Terrorism Act 2022 an indictable offense.
“In view of the above, Justice James Omotosho must now act suo motu, in accordance with his oath to uphold the Constitution and laws of the Federal Republic of Nigeria, by inviting both the prosecution and the defence to address the court on the implications of the Kenyan judgment and the applicability of Section 2(3)(f)(ii) of the Terrorism Act”. Powerful stated.
He also added, “Let it be clearly stated to Nigerians, and to the international community, that any court in Nigeria proceeding to try Mazi Nnamdi Kanu in defiance of the due process clause of extradition law, and in willful disregard of treaty obligations, is not only violating the Constitution it is aiding and abetting terrorism.
“Those hoping to circumvent Nigeria’s own laws should note carefully: the Terrorism Act 2022 defines the trial of a person illegally abducted in breach of an international treaty as terrorism itself. In other words, every sitting of the court that proceeds without first curing the foundational illegality of this rendition is itself an unlawful act.
“This is the shame and disgrace that Abubakar Malami and those who continue to defend his illegalities have brought upon the Nigerian state. A trial built on illegality is itself illegal. A court that closes its eyes to jurisdictional abuse loses moral and legal legitimacy.
“In the interest of law, reason, and international respectability, we urge the Nigerian Government to abandon this sham prosecution and take steps to comply with the judgments of the Federal High Court Umuahia Division and High Court of Kenya. The world is watching. The law is clear. The time for pretense is over.
“Justice must begin with an acknowledgment of wrongdoing. Nigeria must release Mazi Nnamdi Kanu and terminate this trial forthwith, or risk being permanently stained as a state that has criminalized its own Constitution.