From Magnus Eze, Enugu
Lawyers yesterday weighed in on the extradition and detention leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, stating why he cannot be tried on the basis of his recent extraordinary rendition that brought him to Nigeria.
Meanwhile, IPOB has demanded the unconditional release of its leader following the nature of his interception as a United Kingdom citizen and also as a non-violent self-determination agitator.
Kanu’s special counsel, Aloy Ezimakor and another legal practitioner, Anthony Olisa, were emphatic that the underhand tactics deployed by the Nigerian Government in intercepting Kanu to Nigeria from Kenya, violated all known international protocols.
They described the abduction as outright illegality, explaining that the legal way of carrying out such action was extradition. They also said that for any trial to take place, the issue of how Kanu was brought to Nigeria must be resolved first.
According to Ejimakor, Kanu’s rendition will live in infamy because it violated the extradition law of Kenya (the country of abduction), Britain (the country of domicile and citizenship) and even Nigeria (the country of destination).
He added that apart from answering to its conscience as a nation, Nigeria shall ultimately answer to Britain, to the international community and even to Kenya if Kenya succeeded in denying official complicity in the rendition.
The counsel, who met with Kanu at the Department of State Services (DSS) facility in Abuja on Wednesday for almost three hours, declared that by answering for the rendition, it meant Nigeria would face a mix of consequences including legal, diplomatic and political.
“The easiest one to see is that Nigeria has, by her own hands, lost its jurisdiction to subject Kanu to trial. In sporting terms, you can say that Nigeria scored an own goal,” he said.
Ejimakor liked Kanu’s case to that of second republic minister, Umaru Dikko, who was ‘crated’ from London by the military regime of General Muhammadu Buhari in 1984.
Though the kidnapping of Dikko failed, the lawyer stated that “it brought the following consequences: Britain swiftly arrested 17 people, four were convicted and they served between six to eight years in prison. Britain expelled the Nigerian High Commissioner and broke diplomatic relations with Nigeria for two years. And most tellingly, Nigeria’s subsequent requests to Britain to extradite Dikko and others were summarily denied.
“All these were done even as Dikko was not a citizen of Britain but a mere resident. Conversely, Kanu is a bonafide citizen of Britain, traveling on a British passport when he was unlawfully renditioned to Nigeria from Kenya. That should counter for more countervailing measures.
“Extradition is the only valid means of surrendering an international fugitive from one country to the other. That’s why Nigeria was punished for daring to kidnap Dikko. There’s no reason to think that Kanu’s case will be different.
“Nigeria has an extradition statute which is known as the Extradition Act. Kenya has a similar law but with slightly different name. Britain has its own. All three are, in substance, very similar and strict to boot.”
Ejimakor further noted that other municipal and international laws, conventions and protocols to which Nigeria was subject but chose to break just to bring Kanu to Nigeria, when added, indicated that his trial would not be possible.
Also, President of Igbo National Movement (INM), Anthony Olisa described as unfortunate the thinking of the Attorney-General of the Federation, Abubakar Malami, that a warrant of arrest in Nigeria can be executed at will internationally without the process of extradition.
Olisa said: “Malami thinks there is nothing unlawful in the Nigerian Government kidnapping a British citizen who has renounced his Nigerian nationality, in a foreign country, which he has entered legally with a British passport. He is wrong.
“I believe that with this kidnapping, the Nigerian government has made a monumental error in judgment, which will sour our relationship with Britain and our neighbours.”
Meanwhile, Igbo Councillors and Members of Parliament in the United Kingdom (ICM-UK) has hosted dialogue with the UK Community seeking justice and asking for the UK Government and Secretary of State for Foreign, Commonwealth and Development Affairs to request the release of Kanu from the illegal detention in Nigeria and his return to the UK.
The meeting, which held on July 13, Saturday Sun gathered, condemned the dehumanization of Kanu and opposed any form of trial of the IPOB leader in Nigeria.
A statement by Coordinator General of Igbo Councillors in the UK, Nneka Keazor and Publicity/Secretary General ICM-UK, Hon. Endy Ezenwata said the message of the conference was clear: “Release a UK citizen abducted and tortured in Nigeria. The Nigerian Government was asked to free Mazi Nnamdi Kanu. Opposition to any form of trial in Nigeria. Nigeria to request extradition of Mazi Kanu who is a British citizen as an appropriate protocol.”