Mazi Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has been in the custody of the Department of State Services (DSS) since his extraordinary rendition from Kenya in June 2021. This event has sparked widespread condemnation and outcry from human rights organizations, diplomatic communities, and concerned citizens. The Nigerian government’s actions are a clear violation of international laws and diplomatic conventions, which protect individuals from arbitrary arrest, detention, and exile.
International Law and Diplomatic Conventions
The Universal Declaration of Human Rights (UDHR), adopted in 1948, sets out fundamental rights and freedoms for all individuals. Article 9 of the UDHR states, “No one shall be subjected to arbitrary arrest, detention or exile.” Similarly, the International Covenant on Civil and Political Rights (ICCPR), ratified by Nigeria in 1993, guarantees the right to liberty and security of person in Article 9. The African Charter on Human and Peoples’ Rights, which Nigeria has also ratified, reinforces these provisions in Article 6.
Furthermore, the Vienna Convention on Diplomatic Relations, to which Nigeria is a party, mandates the receiving State to inform the consular post of the sending State if a national of that State is arrested or detained. In Kanu’s case, the British government was not informed of his arrest, detention, or rendition, contrary to diplomatic norms.
Nigerian Court Judgments and Pronouncements
Various Nigerian courts have ruled in Kanu’s favour, ordering his release on bail and discharging and acquitting him of terrorism charges. On June 28, 2021, the Federal High Court in Abuja granted Kanu bail, which was upheld by the Court of Appeal on October 28, 2021. Furthermore, on April 8, 2022, the Court of Appeal discharged and acquitted Kanu of terrorism charges, stating that the prosecution failed to prove its case beyond a reasonable doubt.
Despite these court judgments, Kanu remains in DSS custody, a clear disregard for the rule of law and judicial authority. This prolonged detention violates Kanu’s fundamental human rights, escalates tensions in the South East region, and damages Nigeria’s international reputation.
Comparative Cases and Precedents
The release of Kanu is not unprecedented. Other individuals from different tribes have been released through political negotiation or court orders. Asari Dokubo, a former militant leader from the Niger Delta, was released in 2013 after being detained for several months. Yerima Shettima, a Boko Haram suspect, was released in 2019 after spending four years in detention. Ahmed Diallo, a leader of the Fulani community, was released in 2020 after being detained for several weeks. Sunday Igboho, a Yoruba nation agitator, was recently released after being detained for several months. Omoyele Sowore, a journalist and activist, was released after being detained for several months and now attends court from his house in Abuja.
These cases demonstrate the government’s ability to resolve similar cases through dialogue and legal processes. The continued detention of Kanu, despite court judgments in his favor, raises concerns about selective justice and discrimination.
Consequences of Prolonged Detention
Kanu’s prolonged detention has far-reaching consequences for Nigeria’s international reputation, national unity, and human rights. The continued violation of his rights undermines the rule of law and perpetuates a culture of impunity. It also fuels separatist sentiments and tensions in the South East region, potentially destabilizing the country.
International Reactions and Diplomatic Fallout
The international community has condemned Kanu’s detention and rendition. The British government has expressed concerns about Kanu’s welfare and the violation of his rights. Human rights organizations, such as Amnesty International and Human Rights Watch, have called for Kanu’s immediate release.
The diplomatic fallout from Kanu’s detention has strained Nigeria’s relations with the international community. The country’s reputation as a democratic state that respects human rights and the rule of law has been severely damaged.
Conclusion
The detention of Mazi Nnamdi Kanu is a blatant disregard for international law and human rights. The Nigerian government’s actions violate diplomatic conventions, court judgments, and fundamental human rights. We urge President Bola Ahmed Tinubu to consider the South East governors’ plea and release Mazi Nnamdi Kanu. This act of clemency will uphold the rule of law and international obligations, promote national unity and reconciliation, and demonstrate respect for human rights and the judiciary.
Chidi Okoro Esq.
National Director, Good Governance and Peace Advocates.