Ejimakor, in a statement on Monday, July 26, 2021 titled, ‘Re: Mazi Nnamdi Kanu’, said the IPOB leader demanded accountability over his extradition to Nigeria from Kenya.
The statement partly read, “Jurisdiction lies with the Commission because Nigeria and Kenya are State Parties to the African Charter; and Nigeria even took a step further to domesticate the Charter, thus making it part of her municipal laws.
“Both countries also have extradition laws that prohibit this sort of reprehensible conduct that saw Kanu to Nigeria.
“More particularly, extraordinary rendition is expressly prohibited under the African Charter, where It provides in pertinent part that “A State may not transfer (e.g. deport, expel, remove, extradite) an individual to the custody of another State unless it is prescribed by law and in accordance with due process and other international human rights obligations. Extraordinary rendition, or any other transfer, without due process, is prohibited”.
“A victim of extraordinary rendition is entitled to remedies mandated by the Charter.
“Therefore, among many other reliefs, I requested that Kanu be restored to his state of being before the rendition, which state of being was that he travelled to Kenya on his British passport and was duly admitted as such and as a free man.
He stated that extraordinary rendition is expressly prohibited under the African Charter, where it provides in pertinent part that “A State may not transfer (e.g. deport, expel, remove, extradite) an individual to the custody of another State unless it is prescribed by law and in accordance with due process and other international human rights obligations. Extraordinary rendition, or any other transfer, without due process, is prohibited”.
He pointed out that Kanu travelled to Kenya on his British passport and was duly admitted as such and as a free man.
“Further, no valid territorial jurisdiction can issue from an act of extraordinary rendition because Kanu is, technically speaking, still in Kenya. The Nigerian bench warrant standing against Kanu is, in the absence of any successful extradition proceedings in Kenya, invalid to arrest in Kenya.
Ejimakor said that he also requested the Commission to adopt other urgent measures as the Commission deems fit in the circumstances to protect Nnamdi Kanu in the interim, adding that a fact-finding visitation to Nigeria is also in the reckoning.
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