The judgement also implies an effective reversal of the previous decision of the Court of Appeal ordering the release of Mr Kanu from detention.The case which started in 2015 had been put on hold at the Federal High Court in Abuja after the Court of Appeal dismissed the charges in a judgement delivered in October 2022.
The Court of Appeal in Abuja had anchored its decision dismissing the charges on the illegality of the “extraordinary rendition” of Mr Kanu from Kenya to Nigeria in June 2021 to continue his trial. A five-member panel of the Supreme Court led by Kudirat Kekere-Ekun declared on Friday that Mr Kanu’s forcible repatriation from Kenya to Nigeria is illegal. However, the court, in the lead judgement prepared by Tijjani Abubakar, ruled that there is no Nigerian law that prohibits the use of “illegally obtained evidence for the trial of a defendant.” The lead judgement of the Supreme Court was prepared by Mr Abubakar but was read on his behalf by Emmanuel Agim.“The Court of Appeal was wrong to say that the Federal High Court can no longer try Mr Kanu,” the court hel
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