The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has asserted that he cannot be tried in any court in Nigeria, citing Section 15 of the Nigeria Extradition Act.
Kanu made this statement on Monday after the Federal High Court in Abuja dismissed his requests for bail or for a transfer from the Department of State Services (DSS) custody to either a prison or house arrest.
Kanu’s argument is rooted in his interpretation of both the Nigeria Extradition Act and the Terrorism Prohibition and Prevention Act.
He claimed that these laws prevent any Nigerian court from prosecuting him, suggesting that any court attempting to do so would be engaging in terrorism.
“Terrorism Prohibition and Prevention Act said I cannot be tried in Nigeria. That is the law of Nigeria. I can never be tried in any court of law in Nigeria. That is what the law says,” Kanu stated.
He further added, “Anyone standing in trial or coming to try me is a terrorist. That is what the law says, not me. Section 2, Subsection 3F of the Terrorism Prevention and Prohibition Act, that is what it says. Any court continuing to try me is committing an act of terrorism.”
Kanu attributed the delays in his legal proceedings to the alleged violation of international treaties by Nigeria.
He claimed that his house was invaded, he was kidnapped in Kenya, and then brought back to Nigeria for trial, which he argues is illegal under international law.
“You cannot violate a treaty that Nigeria entered into. You entered my house and then came to try me, that is not done anywhere in the world,” Kanu said.
He emphasized that his survival after these incidents is the reason for the delays in his trial. “This thing they are doing against me is just pure rubbish. You never stand not with me. I believe in justice and fairness, that’s all.”
Earlier, Justice Nyako of the Federal High Court ruled that Kanu had indeed jumped bail when it was previously granted to him.
The judge noted that the sureties who had stood for Kanu requested to be discharged because they could not locate him and were unaware of his whereabouts.
Consequently, the judge informed Kanu that his only recourse was to appeal to the Court of Appeal.