The detained leader of the Indigenous People of Biafra, IPOB, Nnamdi Kanu, has been discharged and acquitted of the seven-count charge against him by the Federal Government.
The three-person panel of the Court of Appeal in Abuja, led by Justice Jummai Hanatu, said it was satisfied that Federal Government flagrantly violated the law when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
In its decision on Thursday, the court held that such extra-ordinary rendition, without adherence to due process of the law, was a gross violation of all international conventions, protocols and guidelines that Nigeria is a signatory to, as well as a breach of the Appellant’s fundamental human rights.
According to the court, Federal Government failed to deny the allegation that Kanu was abducted and brought back to the country from Kenya without any extradition proceedings.
It held that FG was “ominously silent on the issue” which it described as very pivotal in determining whether the trial court would still have the jurisdiction to continue with the criminal proceeding before it.
“In law, that is a costly failure and such failure is an admittance by the Respondent.
“Where a party fails to controvert a deposition by an opponent, the issue not contested is deemed conceded”, the court held, adding that the onus was on FG to prove the legality of the Appellant’s arrest and return from Kenya.