By Biodun Busari
A United Kingdom court has granted permission to the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu to apply for judicial review over the UK government’s failure to intervene in his extraordinary rendition from Kenya to Nigeria in June last year.
According to a court document released by Kanu’s special counsel, Aloy Ejimakor, the case was filed by his brother, Kingsley Kanu, before the High Court of Justice, Queen’s Bench Division.
In an order made by Honourable Justice Ellenbogen DBE, the court held that “The application for permission to apply for judicial review is granted.”
It 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 7 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, “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, since June 2021, has been in the custody of the Department of State Services (DSS) after he was captured outside the country and renditioned to Nigeria.