PBA ReporterAppeal Court sitting in Abuja has discharged and acquitted Nnamdi Kanu, the embattled leader of the Indigenous People of Biafra (IPOB).
Kanu has been facing 15-count charges bordering on terrorism and treasonable felony preferred against him by the Nigerian government. The charges were later reduced to seven.
A three-man panel of the Court of Appeal on Thursday held that the Federal High Court lacks the jurisdiction to try Kanu in view of his abduction and extraordinary rendition to Nigeria.
This the court said, was in flagrant violation of the OAU convention and protocol on extradition.
The appellate court noted that the Nigerian government failed to refute the allegation that the IPOB leader was in Kenya and that he was abducted and brought back to the country without any extradition proceeding.
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The court further stated that the government 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 stated, adding that the onus was on the government to prove the legality of the Appellant’s arrest and return from Kenya.
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