A legal team representing Indigenous People of Biafra (IPOB) leader Nnamdi Kanu has petitioned the Nigerian Bar Association (NBA) and the International Bar Association (IBA), alleging that the Federal Government cannot lawfully prosecute Kanu after what it describes as his illegal rendition from Kenya to Nigeria.

The petition was submitted by the Mazi Nnamdi Kanu Global Legal Consortium through lawyer Christopher Chidera, who argued that findings by both the Nigerian Supreme Court and a Kenyan court support the claim that Kanu was unlawfully removed from Kenya.

Chidera said the Supreme Court acknowledged that Nigerian authorities subjected Kanu to extraordinary rendition, describing the process as unlawful and oppressive, but still ordered that his terrorism trial should continue.

He argued that the decision contradicted an earlier Court of Appeal judgment that discharged Kanu and questioned the legal basis for allowing the prosecution to proceed.

The petition also cited a judgment by the High Court of Kenya, which declared Kanu’s removal from Kenya unlawful and unconstitutional, stating that no extradition proceedings were conducted before he was taken to Nigeria.

Relying on Kenya’s Penal Code, Chidera maintained that Kanu’s removal amounted to kidnapping under Kenyan law because he was allegedly taken out of the country without his consent.

The lawyer further argued that Nigeria’s Terrorism (Prevention and Prohibition) Act, 2022, defines kidnapping and violations of international treaties as acts of terrorism, claiming this creates a conflict in the government’s prosecution of Kanu.

He told the NBA and IBA that the Federal Government cannot be both the alleged perpetrator of an unlawful act and the prosecuting authority in the same matter.

Chidera also claimed the Supreme Court’s December 15, 2023, judgment contained what he described as six fundamental legal errors that affected the continuation of Kanu’s trial and the subsequent conviction delivered by the Federal High Court.

The Federal Government has consistently maintained that Kanu is being prosecuted in accordance with Nigerian law over terrorism-related charges, while the legal proceedings remain subject to ongoing judicial processes.