The Federal Court of Appeal, Abuja has on Thursday ordered the discharge and acquittal of Nnamdi Kanu, the leader of the secessionist Indigenous People of Biafra (IPOB) group.
In a ruling heard by the court yesterday, they upheld the appeal of Nnamdi Kanu in his case against the Federal Government.
A three-member panel of the Appeal Court, struck out all seven charges against Mr Kanu.
It followed an earlier ruling of the trial judge, Binta Nyako of the Federal High Court in Abuja, in April dismissing eight of the 15 amended counts filed against him by the federal government.
In a judgement on Thursday, the Court of Appeal panel led by Jummai Sankey struck out all remaining charges against Mr Kanu, ruling that the lower court “lacks the jurisdiction to entertain the suit.”
The court held that Mr Kanu’s extradition from Kenya in June 2021 to Nigeria without following the extradition rules was a flagrant violation of Nigeria’s extradition treaty and a breach of the IPOB leader’s fundamental human rights.
It held there was no denial by the Nigerian government’s lawyer, David Kaswe, in the appeal as to the submissions of Mike Ozekhome, Mr Kanu’s counsel, that the separatist leader was “extraordinarily renditioned from Kenya.”
The appellate court held that the failure of the federal government to adequately respond to Mr Kanu’s arguments gave merit to the appeal.
The court further said also the Federal High Court failed to examine the findings of the prosecution as it would not have tried Mr Kanu on the grounds that the IPOB leader was not “illegally brought into the country.”
The charges struck out include the ones instituted against Mr Kanu before he was brought back to Nigeria last year.