Why Appeal Court acquitted Nnamdi Kanu after 16 months in detention
The Court of Appeal in Abuja on Thursday, October 13, 2022, discharged and acquitted the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, of terrorism charges, levied against him by the Federal Government of Nigeria.
Nnamdi Kanu was arrested in Kenya and extradited to Nigeria on June 27, 2021. He was arraigned before Justice Binta Nyako of the Federal High Court of Abuja in continuation of his trial.
In a decision by a 3-man panel led by Justice Jummai Hanatu, the Appellate court said that the Federal Government violated the law when it forcefully repatriated Kanu back to Nigeria from Kenya.
Ruling that the federal government has failed to prove the legality of Kanu’s arrest, the court said that “where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded.”
In 2004, Kanu formed the Indigenous People of Biafra and through Radio Biafra, which he established in 2009, consistently called for the dissolution of Nigeria and for the establishment of Biafra as an independent country.
Shortly after he returned to Nigeria, he was arrested by the Nigerian government in October 2015 by operatives of the Department of State Services and charged with treason. Following a two-year court battle, in April 2017, Kanu was granted bail, with Senator Enyinnaya Abaribe standing as surety. While part of his bail condition was not to be in a gathering exceeding 10 people, he gained followership in the Eastern part of the Country, holding rallies across the region. Like in 2019, Nnamdi Kanu, released months before the general election might have resulted in low voter turnout in the Southeast as he repeatedly called for election boycott in the region.
After a military operation in his home town at Afara Ukwu, Umuahia, on September 15, 2017, Kanu fled the country but continued his separatist movement, including the propaganda that President Muhammadu Buhari died and was replaced by an imposter.
A 15-charge count was issued after he was repatriated back to Nigeria. On April 8, 2022, Justice Binta Nyako of the Federal High Court Abuja struck eight of the 15 charges, including terrorism and treasonable felony earlier brought against him by the Nigerian Government. Nnamdi Kanu’s lead Council, Ifeanyi Ejiofor, prayed to the court for the other charges to be dropped.
After nearly 16 months in detention, all charges against the IPOB leader were dropped.
We sent a message to Dr Umar Gwandu, the Special Assistant, Media and Public Relations, to the Attorney General of the Federation and Minister of Justice, to understand the position of the government on the ruling. He is yet to respond.
