By Adadainfo
A British court has made an order granting permission to Mazi Nnamdi Kanu to apply for a judicial review of the UK government’s reluctance to intervene in his alleged extraordinary rendition from Kenya to Nigeria last year. Kanu is the leader of the Indigenous People of Biafra (IPOB).
According to the court order released to the media by Aloy Ejimakor, Kanu’s special counsel, with the authority of the Bindmans, the lead counsel in the matter, the case was initiated by Kingsley Kanu, younger brother to Nnamdi Kanu, in the High Court of Justice, Queen’s Bench Division. In an order made by Honourable Justice Ellenbogen DBE, the court ordered that, “The application for permission to apply for judicial review is granted.”
The court further stated that, “The application is to be listed for one day, at an in-person hearing at the Royal Courts of Justice. The parties are to provide a written time estimate within seven days of service of this order if they disagree with this direction.”
While Kingsley Kanu is the claimant, the Secretary of State for Foreign, Commonwealth and Development Affairs is the defendant.
It partly stated that, “The claimant’s challenge is to an ongoing refusal by the defendant to reach and communicate to the claimant and his family, a firm (i.e non-provisional) view as to whether the claimant’s brother has been the subject of extraordinary rendition. It is said that:
‘a. (ground 1) absent a firm view, albeit one which could change were further evidence to be provided in due course, the defendant cannot meaningfully exercise her discretion;
‘b. (ground 2) if, as a matter of principle, the forming of a provisional view is lawful, it is unlawful on the evidence available to the defendant in this case; and
‘c. (ground 3) fairness requires that the defendant inform the claimant of the provisional view which she has formed and of the factors which have prevented her from reaching a firm view.’”
Kanu was brought from Kenya to Nigeria in June 2021, and has been in the custody of the Department of State Services (DSS). He faces multiple charges before a Federal High Court of the Federal Capital Territory.
