The detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has declared that he would rather remain in detention indefinitely than be subjected to trial before a court or judge he deems biased or corrupt.
Kanu made this statement in an open letter he personally signed from his detention at the Department of State Services (DSS). The letter was shared with the public through his Special Counsel, Barrister Aloy Ejimakor.
“If ensuring I stand trial before a fair and impartial court means I must remain in detention for the rest of my life, then so be it,” Kanu stated.
He further emphasized, “Let me make it clear: I will not submit to any trial conducted by a judge or court that lacks constitutional legitimacy. Not today, not ever.”
Allegations of Executive and Judicial Fraud
Kanu explained that he decided to write this open letter to draw public attention to what he described as “serial executive and judicial fraud” perpetrated against him since his extraordinary rendition in 2021.
He recalled a ruling by the Federal High Court in Abuja on March 1, 2017, which declared that IPOB was not an unlawful organization. The ruling was part of a criminal case requiring proof beyond a reasonable doubt. However, instead of appealing the verdict as required by law, the then-Attorney General, Abubakar Malami, allegedly collaborated with the late Abba Kyari to have IPOB banned as a terrorist organization through an ex parte proceeding—one conducted without notifying Kanu or IPOB.
“This was the first clear sign that the government and judiciary had formed an alliance to strip me of my rights and put the lives of IPOB supporters at risk,” Kanu stated.
Court Rulings Ignored by the Government
Kanu further referenced an October 26, 2022, ruling by a Federal High Court, which declared his extraordinary rendition and detention unconstitutional. The court stated that his arrest in Kenya, continued detention in Abuja, and the physical and mental trauma inflicted upon him amounted to a violation of his fundamental rights under the Nigerian Constitution. The ruling also ordered the Nigerian government to apologize to Kanu and compensate him.
“In any responsible society governed by the rule of law, this judgment alone should have been enough to secure my release and prompt the government to engage with me on the issue of self-determination,” Kanu asserted.
He also recalled an October 13, 2022, decision by the Court of Appeal, which emphasized that courts must act as checks on executive overreach. The court ruled that his abduction and extraordinary rendition from Kenya violated international and domestic laws, stripping any Nigerian court of the jurisdiction to try him.
Despite these judgments, Kanu lamented that the Nigerian government refused to release him. Instead, he claimed, the government secretly worked with other justices of the Court of Appeal to reverse the ruling by issuing what they called a “stay of execution.”
“Is it not shocking that a court would stay a judgment the government had already disobeyed?” he questioned.
Supreme Court Decision and Continued Detention
Kanu pointed out that multiple Supreme Court rulings have affirmed that anyone who defies a court order should not receive any judicial relief. However, he accused the government of selectively applying this principle to his case.
He cited the Supreme Court’s December 15, 2023, ruling, which returned his case to the Federal High Court for trial. According to him, the apex court also acknowledged that his bail should not have been revoked and criticized the trial judge for showing bias.
“In a functional justice system, the High Court should have restored my bail in accordance with the Supreme Court’s ruling,” Kanu said. “But instead, the court, in collaboration with the federal government, continued my detention in violation of Section 287 of the Nigerian Constitution, while scheming to subject me to a sham trial with a predetermined outcome.”
The Judge’s Recusal and Allegations of Manipulation
Kanu explained that on September 24, 2024, he decided he could no longer expect justice from the judge handling his case. He noted that the same judge had, in June 2021, ordered his detention without a fair hearing, refused to transfer him to a correctional facility for better trial preparation, and declined to restore his bail.
As a result, he requested the judge’s recusal from his case, which she granted. However, he alleged that instead of reassigning his case to another judge, the Chief Judge of the Federal High Court conspired with the government to send it back to the same judge who had already stepped aside.
Concluding Remarks
Kanu clarified that his letter should not be interpreted as a blanket condemnation of all judges in Nigeria.
“The issue is not that there are no fair-minded judges who can deliver justice in my case. The real problem is that my case is deliberately being kept away from such judges,” he concluded.
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