It held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, treaties, protocols and guidelines that Nigeria is signatory to, as well as a breach of the appellant’s fundamental human rights.
It held that any extradition request must be in writing, with a statement indicating offences for which a person is wanted. Nevertheless, the appellate court said it would be pre-judicial for it to make an order on the proscription of IPOB since the issue is still on appeal.“On the whole, this appeal succeeds and it is allowed. The ruling of trial Justice Binta Nyako of the Federal High Court delivered on April 8 is hereby set-aside.“The Appellant is hereby discharged and acquitted”, the appellate court held.
Arguing the appeal on September 13, Ozekhome, alleged that his client was forcefully abducted from Kenya by security operatives, blindfolded and illegally renditioned back to the country. He argued that under the Doctrine of Speciality as provided for in section 15 of the Extradition Act, FG, ought to have proceeded to try Kanu on the five-count charge he was initially facing before he escaped from the country.
“It is only after FG has produced all its witnesses and tendered its evidence that the Appellant could claim that no prima-facie case was established.It will be recalled that trial Justice Nyako struck out eight counts of the charge on the premise that they were mere repetitions that did not disclose any offence that could be sustained by the proof of evidence before the court.
It alleged that Kanu had on diverse dates between 2018 and 2021, made a broadcast received and heard in Nigeria, inciting members of the public to hunt and kill Nigerian security personnel and their family members, thereby committing an offence punishable under Section 1 of the Terrorism Prevention Amendment Act, 2013.
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