Nigeria’s Supreme Court upholds terrorism charges against Nnamdi Kanu despite violation of rights

The Supreme Court has overturned a lower court’s decision to dismiss terrorism charges against Nnamdi Kanu, the leader of the Indigenous People of Biafra. 

The apex court declared the court of appeal wrong, emphasising that the trial court couldn’t proceed due to the prosecution violating Kanu’s rights. 

Justice Garba Mohammed, in the judgment, criticised the invasion of Kanu’s residence, calling it irresponsible. 

He highlighted that destruction of a suspect’s house by the police shouldn’t hinder the court from pursuing the case. 

According to him, if a suspect’s rights are violated, the remedy lies in civil proceedings, and trial proceedings can’t be halted solely for rights violations. 

“If the police should destroy the house of a suspect to obtain exhibits, should that diversify the court against entertaining the offence?

“His remedy should be the way of civil proceeding. Proceedings can’t be stopped on account of the violation of the rights of the suspects; that is not our law for now.

“We decided not to go with the court of appeal. Though we condemned the violation of his rights, Nigeria must redeem its image and adhere to the rule of law. If a person has been granted bail, why did you invade his house? That is irresponsible. You shouldn’t blame him for running.

“No legislation in the country stripped the trial court of the jurisdiction to go ahead with Kanu’s case, despite the illegal action of the FG.

“The law must take its course. The Court of Appeal was wrong that the trial court couldn’t try him. The appeal is allowed, and the cross-appeal is dismissed,” said Justice Muhammed.

Despite condemning the rights violation, the court asserted that no law prohibits a trial based on such violations.

The court expressed concern over the invasion of Kanu’s house after he had been granted bail, stating it was irresponsible and not a justifiable reason for his fleeing.

The judgment, however, stressed that no legislation stripped the trial court of jurisdiction, despite the government’s illegal actions. 

The Court of Appeal’s decision was deemed incorrect, allowing the appeal and dismissing the cross-appeal. 

Kanu, initially arrested in 2015, granted bail in 2017, and later re-arrested in 2021, faced charges ranging from treasonable felony to illegal importation of radio equipment. 

The charges were revised, and the Court of Appeal, on October 13, 2022, found Kanu’s rendition violated the extradition treaty and his fundamental rights, leading to the release order.

The Federal Government appealed the decision, securing a stay of execution order at the Supreme Court. 

Kanu, dissatisfied, filed an appeal against the stay of execution but today’s ruling by the Supreme Court highlights the complexity of Kanu’s case and the ongoing legal battle between him and the Nigerian government.