In response to the recent Supreme Court decision upholding the trial of Nnamdi Kanu on terrorism charges, his lawyer, Aloy Ejimakor, has declared his intention to promptly seek bail for the leader of the Indigenous People of Biafra (IPOB), stating that Nigerian law is primitive and retrograde.
Despite hopes for an affirmation of the Court of Appeal’s October 2022 ruling that discharged and acquitted Kanu, the apex court overturned this decision, asserting that although Kanu’s extradition from Kenya was deemed unlawful, it did not hinder the ongoing trial.
“We shall proceed with apace bail application to reinstate his bail in line with the ruling of the Supreme Court,” Ejimakor told reporters, expressing his disappointment with the verdict.
The judgment, delivered by Justice Garba Lawal, clarified that no Nigerian law prohibits trying a defendant despite an unlawful extradition. Lawal argued that Kanu could pursue a separate civil case concerning his rendition but emphasized that it did not impede the terrorism trial.
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Kanu, accused by the Nigerian government of terrorism and inciting violence, has been at the center of legal battle since the emergence of the APC-led government in 2015.
Ejimakor, as Kanu’s Special Counsel, criticised the Supreme Court’s position on extraordinary rendition, asserting that it undermines the principle of fair hearing.
He commented, “The Supreme Court justified its position on the theory that our jurisprudence has not developed to the point of recognising extraordinary rendition as a barrier to prosecution. That is so wrong”.
He also accused the court of implying that Nigerian law is “primitive” and “retrograde”.