One of the special counsels appointed to Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), is claiming that Nigeria tricked Kenya into extraditing Kanu to Nigeria rather than the United Kingdom.
Kanu, Ejimakor explained on his Facebook page on Sunday, is technically still in Kenya since he entered the East African country on a British passport and, as a result, should have been extradited to the United Kingdom instead of Nigeria.
“Kanu is technically still in Kenya. Mazi Nnamdi Kanu is technically still in Kenya, according to the strictest interpretation of foreign relations law as applied to Britain and Kenya. Then how?
No matter if Kanu had dual citizenship or not, he travelled to Kenya as a British citizen, which Kenya accepted. It all begins there.
“If Kanu is admitted to Kenya and then expelled from Kenyan territory (with or without due process), Kenya’s next logical and lawful step is to send him to Britain, not Nigeria.
“Deporting him to Nigeria implies that he could have been deported to any other country.
“Why? Due to the fact that Kanu presented himself to Kenya as a British citizen rather than a Nigerian or dual citizen.
In international law, it was clearly a three-way immigration contract between Kenya, the United Kingdom, and Kanu.
Nigeria wasn’t involved in it, and Kanu’s application for entry into Kenya was never considered as Nigerian ownership. Contract privity is commonly referred to by lawyers.
Kenya found no other travel document that could’ve linked Kanu’s nationality to anyone other than Britain, including Nigeria, from the time of Kanu’s kidnapping until the infamous rendition. Could Kanu have been admitted to Kenya on the basis of his Nigerian birth certificate?
It is doubtful that Kenya gave Kanu Nigerian citizenship since the kidnapping and rendition’s backers apparently convinced Kenya that Kanu was born in Nigeria.
Could it be that Kanu has abandoned his Nigerian citizenship (according to public reports)? Renunciation should matter much more than birthplace if birthplace matters.
“Kanu is 53 years old. After spending 30 years in the United Kingdom, he spent 23 years in Nigeria. His wife and children reside in the United Kingdom, and they are British citizens by birth or naturalization. Kanu lives in the UK and pays his taxes there.
In terms of formal foreign relations law, Kanu is technically still in Kenya, as applied to Britain and Kenya (excluding Nigeria).” How is this possible? Kenya was the last country where Kanu – a genuine British citizen – was allowed to reside legally.
With regard to the above, Britain should request that Kenya explain the whereabouts of Nnamdi Kanu, who was last seen in Kenya on June 19th, 2021, as her Majesty’s subject and a free citizen of Britain, not a criminal suspect.