UK court grants Nnamdi Kanu's family permission to challenge UK government

A UK court has allowed the family of Nnamdi Kanu to challenge the UK government for its failure to intervene in the alleged extraordinary rendition of Mr Kanu from Kenya to Nigeria.

Aloy Ejimakor, Mr. Kanu's special counsel, announced this in a Twitter post on Friday.

The case was brought in the High Court of Justice, Queen's Bench Division by Mr. Kanu's brother, Kingsley, according to a screenshot of a court document released by Mr. Ejimakor.

The date the permission was granted by the court is unclear.

However, it appears that the hearing took place on Thursday.

PREMIUM TIMES reported in June that Mr. Kanu's family had threatened to sue the British government for its "silence" over the alleged unlawful extraordinary rendition of Mr. Kanu in Nigeria.

The family have accused Britain's Foreign, Commonwealth and Development Secretary Liz Truss, now British Prime Minister, of ignoring 'overwhelming evidence' that Mr Kanu had been extraordinarily returned to Nigeria by the Nigerian government.

Mr. Kanu, the leader of the Outlaw Indigenous People of Biafra (IPOB), is a Nigerian-British citizen.

The IPOB leader, who was released on bail in April 2017, fled the country after an invasion of his home in Afara-Ukwu, near Umuahia, Abia State, by the Nigerian Army in September of the same year.

He was rearrested in Kenya and brought back to Nigeria in June 2021, some four years later. He is being held in Abuja where he is on trial for terrorism.

Since his alleged extraordinary rendition to Nigeria, successive UK foreign ministers - Dominic Raab and then Ms Truss - before she became Prime Minister - have refused to comment on whether Mr Kanu was the victim of an extraordinary restitution.

At this final hearing, Mr Kingsley, the plaintiff, sought leave for judicial review of the UK government's "silence" of Mr Kanu's alleged detention and trial in Nigeria.

"The application for leave to seek judicial review is granted," Judge Ellenbogen said.

"The application must be entered for one day, at an in-person hearing before the Royal Courts of Justice. The parties must provide a written estimate of the time limit within 7 days of service of this order if they are not disagree with this instruction."

James Cleverly, the new British Secretary of State for Foreign, Commonwealth and Development Affairs, is the defendant in this case.

Shirin Marker, of Bindmans LLP, which represents Mr Kingsley, said it was essential Mr Cleverly reached a 'firm conclusion' on whether his client's brother had been victimized an extraordinary restitution in order to decide on the measures to be taken. take to help him, according to a report by The Guardian UK.

“The evidence available to date establishes that he (Mr. Kanu) was subjected to extraordinary renditions and torture or inhuman treatment,” she said.

“It is unacceptable that the UK government continues to dither on this issue. We are pleased that the court has now allowed this case to proceed to a final hearing,” Ms Marker said.

The judge explained her decision to grant the judicial review hearing.

"Such decisions/inactions are, in principle, reviewable and do not fall into prohibited areas, including decisions affecting foreign policy," she said.

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