The Indigenous People of Biafra, IPOB, on Friday accused Nigerian courts of aiding and abetting what it described as the Federal Government’s “illegal” detention of its leader, Nnamdi Kanu, since 2021.
IPOB said the courts secretly tried Kanu and remanded him in custody of the Department of State Services, DSS, rather than the Nigerian Correctional Centre.
The group noted that the courts, in collusion with the Nigerian Government, flouted the provisions of the law by allowing Kanu’s trial to continue beyond 90 days.
In a statement by its spokesman, Emma Powerful, IPOB stressed that its leader has no case with DSS hence should not be in the custody of the secret police.
Parts of the statement read: “The courts are aiding and abetting the Federal Government’s illegal detention of Mazi Nnamdi Kanu.
“First, sequel to the infamous extraordinary rendition that saw him to Nigeria, Mazi Nnamdi Kanu was (on 29th June 2021) secretly arraigned and without the benefit of his counsel of record before the Federal High Court, Abuja and said court wrongfully ordered him detained with the DSS, instead of a prison facility, which is a violation of the provisions of the Nigeria Prisons Act and the Administration of Criminal Justice Act on awaiting trial defendants.
“Further, the secrecy of this arraignment and without notice to a counsel that was well-known to the court violated KANU’s constitutional right to counsel of his choice and the right to have his trial in public.
“Second, under the pertinent provisions of the Terrorism Prevention Act, Mazi Nnamdi Kanu’s initial detention was required to have terminated after 90 days or was subject to renewal after 90 days pursuant to written application by the prosecution but this was not done, thus rendering illegal the entire period of his detention after the initial 90 days.
“This illegality was achieved through the instrumentality of the Federal High Court that allowed the detention to continue without a formal application and an enrolled order.
“Third, Kanu has no case with the DSS. So, he has no business being detained by the DSS. Kanu’s case is with the Federal Republic of Nigeria, in which case he ought to be regarded as an awaiting trial inmate who should not be detained in a security agency cell but in a proper correctional facility that, by law, caters to awaiting trial inmates.
“The truth therefore is that the Court ordered Kanu detained by the DSS as a purely punitive measure, knowing fully well that the DSS was complicit in his rendition and torture in Kenya and that a holding cell such as where he is detained at the DSS will provide the maximum discomfort and threat to his health and well-being.”
Courts aiding, abetting Nigerian Govt’s illegal detention of Nnamdi Kanu since 2021 – IPOB