(FILES) In this file photo taken on May 26, 2017 Political activist and leader of the Indigenous People of Biafra (IPOB) movement, Nnamdi Kanu, wears a Jewish prayer shawl as he leave his house in Umuahia, southeast Nigeria, to meet veterans of the Nigerian civil war, whose 50th anniversary will be commemorated on May 30. - A Nigerian separatist leader, Nnamdi Kanu, whose whereabouts were unknown, has been arrested to face trial, the country's justice minister said on June 29, 2021. (Photo by MARCO LONGARI / AFP)
The United Nations Human Rights Council Working Group on Arbitrary Detention has asked the Nigerian government to immediately release detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu (Mr. Nwannekaenyi Nnamdi Kenny Okwu-Kanu).
The UN Group, while indicting Nigerian and Kenyan governments, also asked that Kanu be compensated for the abuse he suffered in the hands of both governments and for violation of his human rights.
This was contained in a 16-page report dated July 20, 2022 which was adopted on April 4 by the Working Group on Arbitrary Detention at its 93rd session, held between March 30 – April 8, 2022.
The document marked: “Opinion No. 25/2022 concerning Mr. Nwannekaenyi Nnamdi Kenny Okwu-Kanu (Nigeria and Kenya) detailed the abuses meted out to Kanu both in Kenya where he was arrested and in Nigeria where he is currently being detained and prosecuted.
The UN Human Rights group said in its just-released report that Kanu’s arrest in Kenya, repatriation to Nigeria and detention did not follow due process.
“Consequently, the Working Group finds that the Government of Nigeria failed to establish a legal basis for the detention of Mr. Kanu. His detention is thus arbitrary under category I,” the report said.
The UN body further recommended that government officials responsible for the torture of the IPOB Leader be investigated and sanctioned accordingly.
The UN body also directed Nigeria to report back within six months of the transmission of its opinions, 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 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
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 Mr. 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 said there was no evidence that International laws were observed in the arrest and rendition of Kanu from Kenya.
