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Akinwande Soji-Ojo
A court in the United Kingdom has granted permission to the family of the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu to challenge the UK government over its failure to intervene in the alleged extraordinary rendition of the IPOB leader from Kenya to Nigeria.
The case was filed before the High Court of Justice, Queen’s Bench Division, by Kanu’s brother, Kingsley, The Guardian UK reports.
It is not clear when the permission was granted by the court, however, there are indications that the hearing was held last Thursday.
Kanu’s family had in June threatened to sue the British government over its “silence” on the alleged illegal extraordinary rendition of the IPOB leader to Nigeria.
The family accused the then UK Secretary of State for Foreign, Commonwealth and Development Affairs, Liz Truss, now British Prime Minister, of ignoring “overwhelming evidence” that Kanu was extraordinarily renditioned to Nigeria by the Nigerian government.
The IPOB leader, who is a Nigerian-British citizen was granted bail in April 2017, but he fled the country after an invasion of his home in Afara-Ukwu, near Umuahia, Abia State, by the Nigerian military in September of same year.
He was re-arrested in Kenya and brought back to Nigeria in June 2021. He is being detained in Abuja where he is facing trial for terrorism.
Since his alleged extraordinary rendition to Nigeria, successive UK Foreign Secretaries, Dominic Raab and Truss, have refused to state if Kanu was a victim of extraordinary rendition.
During the court hearing, Kingsley, sought permission for a judicial review of the UK government’s “silence” on Kanu’s alleged detention and trial in Nigeria.
“The British government is well known for its stance on human rights. I believe it must be decisive when it comes to its decision-making about very serious violations of the human rights of British citizens abroad, especially when the facts are clear, as they are in my brother’s case, and when the UN has investigated and reached a firm conclusion that my brother was subject to extraordinary rendition. I am very happy that the court has agreed that a hearing is necessary to decide this important issue,” Kingsley said.
Ruling, the judge, Justice Ellenbogen granted the application for permission to apply for judicial review.
“The application is to be listed for one day, at an in-person hearing at the Royal Courts of Justice. The parties are to provide a written time estimate within 7 days of service of this order if they disagree with this direction,” Justice Ellenbogen said.
Explaining her decision to grant a judicial review hearing, the judge said: “Such decisions/inaction are, in principle, reviewable and do not enter forbidden areas, including decisions affecting foreign policy.”“Such decisions/inaction are, in principle, reviewable and do not enter forbidden areas, including decisions affecting foreign policy.”
James Cleverly, the new UK Secretary of State for Foreign, Commonwealth and Development Affairs, is the defendant in the case.
Shirin Marker, from the Bindmans LLP, who is representing Kingsley, said it was essential for Cleverly to reach a “firm conclusion” on whether her client’s brother had been the victim of extraordinary rendition in order to decide what steps to take to assist him.
“The evidence available to date establishes that he (Kanu) has been subject to extraordinary rendition and torture or inhumane treatment.
“It is unacceptable for the UK government to continue to prevaricate on this issue. We are glad that the court has now granted permission for this case to move to a final hearing,” Marker said.