Court of Appeal ends Nnamdi Kanu trial and orders release of IPOB leader

The Abuja Court of Appeal on Thursday overturned the terrorism charges brought against Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) by the Nigerian government.

The court dismissed the remaining seven charges against Mr. Kanu.

This followed an earlier decision by trial judge, Binta Nyako of the Federal High Court in Abuja, in April, dismissing eight of the 15 amended charges filed against him by the federal government.

>

In a judgment delivered on Thursday, the Court of Appeal panel led by Jummai Sankey quashed all remaining charges against Mr. Kanu, ruling that the lower court 'has no jurisdiction to entertain the action' .

The tribunal ruled that Mr. Kanu's extradition from Kenya in June 2021 to Nigeria without complying with extradition rules was a gross breach of Nigeria's extradition treaty and a violation of the leader's basic human rights of the IPOB.

READ ALSO:

He said Nigerian government lawyer David Kaswe had not denied the arguments of Mike Ozekhome, Mr Kanu's lawyer, that the separatist leader had been "extraordinarily returned from Kenya".

The appeals court found that the federal government's failure to adequately respond to Mr. Kanu's arguments gave merit to the appeal.

The court further said that the Federal High Court did not review the prosecution's submissions as it would not have tried Mr. Kanu on the grounds that the IPOB chief had not been "illegally imported into the country".

Charges struck out include those brought against Mr. Kanu before he was brought back to Nigeria last year.

He ordered the release of Mr. Kanu from State Security Service (SSS) custody, where the IPOB has been held since he was brought back to Nigeria.

Background

Ms. Nyako had, on April 8, while ruling on the preliminary objection of the head of the IPOB challenging the validity of the charge, had struck out eight of the 15 charges.

The separatist leader was charged with various offenses in all 15 counts, including treason and terrorism, offenses he allegedly committed during his national agitations in Biafra.

The trial judge had ruled that counts 6, 7, 8, 9, 10, 11, 12 and 14 lacked jurisdiction for failing to disclose any valid offense against the accused.

However, in a judgment delivered on Thursday, the panel of the Court of Appeal led by Jummai Hanatu, found that the forced repatriation of Mr. Kanu from Kenya to Nigeria in June 2021, was in violation of the law of extradition from the country.

The judge had asked the prosecution to proceed with a trial on the remaining seven counts, ordering the prosecutor's attorney, Shuaibu Labaran, to file new evidence by May 18, the date of the next hearing.

PREMIUM TIMES reported that the judge, in a separate ruling on April 8, endorsed the federal government's repatriation of Mr. Kanu from Kenya to face charges against him in Nigeria.

Below are full details of the seven counts that were struck

The judge ordered the case to be tried on counts 1, 2, 3, 4, 5, 13 and 15.

Five of the charges relate to alleged acts of terrorism, including being a member and leader of the outlawed organization IPOB, uttering lethal and provocative threats against individuals, and having gave directions, etc.

Count 15 relates to the unlawful importation of a radio transmitter which he declared to be used household goods in violation of section 47(2)(a) of the Criminal Code Act. Cap, C45 Laws of the Federation of Nigeria 2004.