Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), has been given permission by a British court to apply for judicial review of the UK government’s decision not to get involved in his extraordinary extradition from Kenya to Nigeria in June of last year.
The case was brought before the High Court of Justice, Queen’s Bench Division by Kanu’s brother, Kingsley Kanu, according to a court document made public by Kanu’s special counsel, Aloy Ejimakor.
The court declared that “The application for permission to apply for judicial review is granted” in an order written by Honourable Justice Ellenbogen DBE.
The application will be scheduled for a one-day in-person hearing at the Royal Courts of Justice, it continued. If the parties disagree with this directive, they must submit a written time estimate within 7 days of the order’s service.
The Secretary of State for Foreign, Commonwealth, and Development Affairs is the Defendant, and Kingsley Kanu is the Claimant.
According to a portion of the statement, “The Claimant’s challenge is to the Defendant’s ongoing refusal 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’s claimed:
“a. (ground 1) The Defendant cannot meaningfully exercise her discretion in the absence of a firm opinion, even if that opinion could change were new evidence to be presented in the future;
“b. (ground 2) Even if, in theory, the formation of a provisional view is permissible, it is unlawful in this case based on the evidence available to the Defendant; and
“c. (ground 3) Fairness requires that the Defendant inform the Claimant of the provisional view she has developed and of the factors that have kept her from coming to a firm conclusion,” the court wrote.
Since June 2021, Kanu has been in the Department of State Services’ (DSS) custody after being apprehended abroad and extradited to Nigeria.