The United Nations, UN Human Rights Council Working Group on Arbitrary Detention, has indicted both Nigeria and Kenya Governments for the arrest and extraordinary rendition, torture and continued detention of the Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, without due process.
UN therefore, asked Nigerian Government to, “immediately
release Kanu unconditionally” and pay him adequate compensations for the
arbitrary violation of his fundamental human rights. It also recommended that Government officials responsible for
the torture meted to the IPOB Leader be investigated and punished.
The UN body further directed Nigeria to feedback within six
months of the transmission of its opinions on Kanu’s case, steps taken to
comply with all the recommendations thereof. It referred the case of Kanu’s
torture to Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment for further consideration
The UN Working Group also threatened to take further action to
ensure the recommendations are complied with, noting that both Nigeria and
Kenya are signatories to the Convention and should comply.
The 16-page
report dated July 20, 2022 was adopted on April 4 by the Working Group on
Arbitrary Detention at its 93rd session, held between March 30 – April 8, 2022.
The Working Group on Arbitrary Detention was established in resolution 1991/42
of the UN Commission on Human Rights.
In accordance with its methods of work, the Working Group, on
December 30, 2021, transmitted to the Nigeria and Kenya Governments, a
communication concerning Mr. Nwannekaenyi Nnamdi Kenny Okwu-Kanu.
According to the
report, Nigeria replied to the communication on 25 January 2022 while the
Government of Kenya did not reply. Both countries are parties to the
International Covenant on Civil and Political Rights. The Working Group said in
the report that Kanu was a victim of State persecution as Nigeria failed to
provide convincing explanations with proof that he is guilty of treason and
other criminal allegations levelled against him.
Noting the failure of the Government to explain what actions of
Mazi Nnamdi Kanu amounted to such criminal acts and how, and observing the lack
of any evidence that any of his actions may in fact amount to such crimes, the
Working Group concludes that "Mr. Kanu is in fact being persecuted for the
peaceful exercise of his rights, most notably his freedom of opinion and
expression. In the present case, the Government of Nigeria has presented no
exceptions permitted under article 19 (3) of the Covenant nor is there any
evidence to suggest that Mr. Kanu’s exercise of his right to freedom of opinion
and expression was anything but peaceful".
” In fact, the Government has chosen not to provide any
explanation for the arrest, detention and subsequent proceedings against Mr.
Kanu. In these circumstances, the Working Group concludes that Mr. Kanu’s
detention is thus arbitrary under category II”, UN Working Group said.
The Working
Group also noted that there was no evidence that International laws were
observed in the arrest and rendition of Mazi Nnamdi Kanu from Kenya.
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