Benue State University, Makurdi

Interrogating the Diplomatic Fault Lines Regarding the Extraterritorial Arrest of Nnamdi Kanu: A Sense of Dèjà Vu of Extraordinary Rendition under International Law?

Paul Adole Ejembi,* David Dogara Goar,** and Grace Sewuese Orshio***

Abstract

Nnamdi Okwu Kanu is an ardent advocate of self-determination and pertinacious agitator for the secession of south eastern states from the rest of Nigeria. He was arrested on the 14th of October, 2015 over allegations of terrorism and treasonable felony, among other charges. While facing trial, he was admitted to bail by the Federal High Court. In 2017, the Nigerian army launched a military operation in south eastern Nigeria dubbed, ‘Operation Python Dance.’ He disclosed that the army invaded his house in Afara-Ukwu, near Umuahia, Abia State purportedly to annihilate him but he managed to escape. In an interview, Nnamdi Kanu disclosed that he fled Nigeria with the assistance of his relatives. In June 2021, it was reported that he was abducted with the assistance of Kenya authorities and was repatriated and moved to Abuja, Nigerian capital city, in handcuffs. Against this backdrop, this article seeks to examine the diplomatic fault lines regarding the extraterritorial arrests of Nnamdi Kanu in Kenya and his subsequent detention in Nigeria. Adopting the doctrinal research methodology, the article finds that the extraterritorial arrest and repatriation of Nnamdi Kanu without the knowledge and consent of Kenyan government in defiance of the Kenyan Extradition (Common Wealth Countries) Act unequivocally depicts a sense of Dèjà Vu of Extraordinary Rendition under International Law. The article indicates that the question of competence of states who undertake such acts to exercise jurisdiction over such cases in court varies from state to state. The present article contends that the principle which precludes courts from exercising jurisdiction in respect of fugitives arbitrarily arrested and abducted by way of extraordinary rendition is a better position of the law. The article recommends that all states must refrain from the use of extraordinary rendition and urges the Nigerian government to recant its acts of extraordinary rendition of Nnamdi Kanu and return him to Kenya accordingly. The government ought to take steps to comply with the rules governing extradition of accused persons as stipulated under the Kenyan Extradition (Common Wealth Countries) Act so as to foster the promotion of the principle of state sovereignty and non-intervention in the territorial integrity of states which is in consonance with trite principles of international law..

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