PBA ReporterUnited Nations Human Rights Council’s Working Group on Arbitrary Detention, has called on the Nigerian government to release the leader of the Indigenous People of Biafra, (IPOB) Nnamdi Kanu being detained for over one year now.
Kanu who is under the custody of the Department of State Service (DSS), Nigeria’s secret service arm, is being tried at the Federal High Court Abuja on charges of treasonable felony arising from his agitation for an independent state of Biafra.
The UN body had in 2021 indicted both Nigeria and Kenya for Kanu’s arrest and extraordinary rendition.
According to a document from the the UN Working Group on Arbitrary Detention, the world body demands am immediate and unconstitutional release of Kanu by the Nigerian government.
The group also recommended that adequate compensation should be paid to the IPOB leader for arbitrary violation of his fundamental rights in the course of arrest, repatriation to Nigeria, continued detention since 2021and trial without due process.
The group also recommended that Government officials responsible for the torture meted to Kanu should be investigated and punished accordingly.
It further directed Nigeria to report back within six months of the transmission of its opinions on Kanu’s matter, steps taken to comply with all the recommendations thereof.
The UN Working Group also threatened to take further action to ensure the recommendations are complied with, noting that both Nigeria and Kenya are signatories to the Convention and should comply.
The 16-page report dated July 20, 2022 was adopted on April 4 by the Working Group on Arbitrary Detention at its 93rd session, held from March 30 to April 8, 2022.
It noted that in line with its method of work, the Working Group had on December 30, 2021, transmitted to the Nigeria and Kenya Governments, a communication concerning Mr. Kanu.
The report revealed that Nigerian government replied on 25 January 2022 but the Government of Kenya did not reply.
Part of the report said, “Noting the failure of the Government to explain what actions of Mr. Kanu amounted to such criminal acts and how, and observing the lack of any evidence that any of his actions may in fact amount to such crimes, the Working Group concludes that Mr. Kanu is in fact being persecuted for the peaceful exercise of his rights, most notably his freedom of opinion and expression.
“In the present case, the Government of Nigeria has presented no exceptions permitted under article 19 (3) of the Covenant nor is there any evidence to suggest that Mr. Kanu’s exercise of his right to freedom of opinion and expression was anything but peaceful.
“In fact, the Government has chosen not to provide any explanation for the arrest, detention and subsequent proceedings against Mr. Kanu. In these circumstances, the Working Group concludes that Mr. Kanu’s detention is thus arbitrary under category II.”
The group asserted that going by its observation, of the process, there was no evidence that international laws were adhered to in the arrest and rendition of Kanu to Nigeria.
It added that Kanu’s continued detention and deprivation of his liberty is against his fundamental human rights.
“In the present case, Mr. Kanu was not furnished with an arrest warrant by Nigerian authorities nor was he promptly informed of the grounds for his arrest in Nigeria.
“Consequently, the Working Group finds that Mr. Kanu’s continued deprivation of liberty violates his rights under articles 3 and 9 of the Universal Declaration of Human Rights, article 9 of the Covenant, and principles 2, 4, and 10 of the Body of Principles and constitutes arbitrary detention under category I,” The working group added.
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