Court Declares Nnamdi Kanu’s Extradition To Nigeria Illegal, Grants ₦120m In Damages

A High Court in Nairobi, Kenya, has ruled that the abduction and extradition of Nnamdi Kanu from Kenya to Nigeria in June 2021 was illegal and a violation of his rights.

Justice E.C. Mwita, who delivered the ruling, held the Kenyan government responsible for breaching Kanu’s fundamental rights.

The court also ordered the Kenyan government to pay Nnamdi Kanu 10 million Kenyan shillings (about ₦120 million) in compensation.

According to the judgment, Kanu had entered Kenya legally and was entitled to the full protection of the country’s constitution.

The court held that instead of being protected, he was abducted, held in isolation, tortured, and denied food and medical care before being handed over to Nigerian authorities without due legal process.

Justice Mwita declared that Kanu’s secret detention and forced rendition went against Kenya’s laws and constitutional provisions, particularly his rights to personal freedom, dignity, and legal protection.

In addition to declaring the abduction and transfer illegal and unconstitutional, the court also issued an order for general damages to be paid by the Kenyan government through its Attorney General.

Justice Mwita said, “Having considered the pleadings and arguments by parties, the decisions relied on the constitution and the law, I come to the following conclusions;

“First, the government of Kenya violated the constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms. Having entered Kenya lawfully, he was subject to the protection offered by the Constitution of Kenya 2010, and the government of Kenya had an obligation to uphold and protect his rights and fundamental freedoms.

“Mr. Nnamdi was, however, abducted, kept in solitary confinement, tortured and denied food and medication, a breach of basic rights.

“He was chained, humiliated, ridiculed and held in contempt and later forcibly removed from Kenya without following the law in violation of his rights and fundamental freedoms for which the government of Kenya is liable.

“Based on the above conclusions, the court makes the following declarations and orders it considers appropriate;

“A declaration is hereby issued that the abduction of Mr. Nwannekaenvi Nnamdı Kenny Okwu Kanu, holding him in incommunicado confinement, torturing him and denying him food, water, medication and other basic necessities was a violation of his rights and fundamental freedoms.

“A declaration is hereby issued that the abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria violated the laws of Kenya; his rights and fundamental freedoms, including freedom of movement and security of the person guaranteed by the Constitution of Kenya, 2010 and, therefore, unconstitutional and illegal.

“An order for compensation is hereby issued awarding Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu general damages of Kshs 10,000,000 against the Attorney General of Kenya on behalf of the government of Kenya for the violation of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu’s constitutional rights and fundamental freedoms.”

This ruling marks a major legal victory for Kanu, who has been in Nigerian custody since his controversial return from Kenya, a move that has sparked international criticism and human rights concerns.

KanyiDaily recalls that Nnamdi Kanu’s trial is ongoing at the Federal High Court, with several evidence being presented by the Federal Government.