The Appeal Court in Abuja has scolded Justice Binta Nyako of the Federal High Court Abuja For pandering to the whims of the government of President Muhammadu Buhari and discharged the embattled leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu of terrorism charges.
A three-man panel of the Court of Appeal said the Federal High Court denied Kanu the right of fair hearing and erred in not upholding the laws of the country – because it failed to address the preliminary objection challenging its jurisdiction particularly the issue of abduction and extraordinary rendition from Kenya to Nigeria.
It said the lower court lacks the jurisdiction to try him because of his extraordinary rendition to Nigeria, in flagrant violation of the OAU convention and protocol on extradition.
The court held that the 15-count charge preferred against the IPOB leader was silent on the place, date, time and nature of the alleged offences before being unlawfully extradited to Nigeria in clear violation of international treaties.
The court further held that the Federal Government failed to disclose where Nnamdi Kanu was arrested. against him.
The appellate court said the extraordinary rendition of Kanu from Kenya without due process is a violation of his right.
It frowned that the manner in which Nnamdi Kanu was procured and brought before the court was not evaluated by the lower court, before assuming jurisdiction to try him.
The lower court having failed to address the preliminary objection challenging its jurisdiction particularly the issue of abduction and extraordinary rendition from Kenya to Nigeria, the lower court failed to take cognizance of the fact that a warrant of arrest can only be executed anywhere within Nigeria, the appeal court said.
The court further held that the trial judge was in grave error to have breached the right to fair hearing of Nnamdi Kanu
According to the court, the African Charter on Human and People’s rights are part of the laws of Nigeria and courts must abide by the laws without pandering to the aim of the Executive.
Kanu is being prosecuted by the Federal Government at the Federal High Court in Abuja for 15 count charges bordering, including treasonable felony and terrorism.
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