Abuja – The Court of Appeal sitting in Abuja has quashed the terrorism charge preferred against the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, by the Federal Government.
The court also discharged and acquitted him of the seven-count charge slammed against him before the Federal High Court in Abuja.
The court, in a decision taken on Thursday by a three-man panel led by Justice Jummai Hanatu, said it was satisfied that the FG violated the law, when it forcibly brought Kanu from Kenya to the country for the continuation of his trial.
It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is signatory to, as well as a breach of the Appellantโs fundamental human rights.
They said the FG failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding.
It held that FG was โominously silent on the issueโ which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
โIn law, that is a costly failure and such failure is an admittance by the Respondent.
โWhere a party fails to controvert a deposition by an opponent, the issue not contested is deemed concededโ, the court held, adding that the onus was on FG to prove the legality of the Appellantโs arrest and return from Kenya.
More so, the court noted that Nigeria is a signatory to OAU Convention which it ratified on April 28, 2022, as well as the Charter of Human and Peoples Rights, which it said prescribed how a wanted person could be transferred from one country to the other.
It held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted.
The appellate court held that FGโs action tainted the entire proceeding it initiated against Kanu and amounted to โan abuse of criminal prosecution in generalโ.
โThe court will never shy away from calling the Executive to order when it tilts towards Executive recklessnessโ, the Appellate court held, even as it accused FG of engaging in โserious abuse of powerโ.
Nevertheless, the appellate court said it would be pre-judicial for it to make an order on the proscription of IPOB since the issue is still on appeal.
It held that the proscription order by the lower court would subsist until it is set-aside.
