Extraordinary Rendition: Why The Case Of
Mazi Nnamdi Kanu Is Different
Mazi Nnamdi Kanu |
For reference purpose, Extraordinary rendition
involves the extrajudicial transfer of a person from one country to another,
often without due legal extradition process. While governments who have engaged
in the international crime argues that it is a crucial tool in combating
terrorism, critics contends that it violates fundamental human rights and
undermines the principles of justice.
One of the key issues bedeviling the
act extraordinary rendition is the lack of due process. Individuals subjected
to this draconian process, are totally denied the opportunity to defend
themselves in a court of law before been rendered, leading to a glaring absence
of justice.
On this note the following questions
has to be carefully considered; Can a government fairly try an individual they
have extraordinarily rendition, in their court without violating the very
principles of justice they claim they intend to uphold? Does their legal system or constitution legitimize
and condones the rendition crime, and are they not under International treaties
and binding signatories that abhors the rendition crime?
The United Nations Convention Against
Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
explicitly prohibits the transfer of individuals to countries where they may
face torture. Extraordinary rendition invariably places its victims precisely
in such precarious situations, infringing upon their basic human rights and
dispelling the tenacious authority of international law that protects these
rights. The case of Mazi Kanu falls squarely under the above description as he
is being subjected to severe physical, psychological and mental torture in the
Nigerian Department Of States Service (DSS) solitary confinement cell in Abuja.
Nnamdi Kanu's case in the extraordinary
rendition context is not only delicate but unique. The leader of the Indigenous
People of Biafra (IPOB), movement was kidnapped, tortured for eight days in
Kenya before being extraordinarily rendition to Nigeria, under trumped up
terrorism charges - which overtime has been ultimately quashed by various
competent court of jurisdiction in Nigeria -
stating that his methods of political activism which are peaceful
demonstration and civil disobedience are totally legal, and are in no violation
of either the Nigerian constitution or International law.
Thus, the ill-conceived act of
rendition committed by the Nigerian government against the IPOB Leader, raising
serious concerns about its obligation to due process, transparency, and
adherence to international legal standards and biddings.
Evaluating this is crucial in
understanding the responsibility and legitimacy of the successive Nigeria
governments especially with its flagrant disregard for its own court
resolutions, such as the decision of the Appeal court on 13th October,2022 -
which ordered the discharge and acquittal of Mazi Kanu and further barring his
trial in any Nigeria court, on the premises of the extraordinary means through
which he was brought to stand trial in Nigeria.
Furthermore, it is becoming evident that
Nigeria's legal system is rather ill-equipped to handle the case of Mazi Kanu,
or has little or nothing to do in ensuring that the informed decisions of
competent court of jurisdiction, are executed to the letter. Thus, the need for
diversification is required in resolving the disagreements between the two
parties - IPOB and the Nigerian government. And, it is totally in the place of
the IPOB movement which he Kanu - is at the helm, to determine which means or
strategy is suitable to confront the Nigerian government with.
The practice of extraordinary rendition
presents a formidable challenge to the principles of justice and human rights
as far as International law is concerned. The case of Mazi Nnamdi Kanu serves
as a viable lens through which, one can see in its entirety, the commitment of
the Nigerian state to legal norms and international standards. And in this
context, states who do not respect either its own laws nor its International
obligations falls under the global description of a pariah state.
Written By Chima O. Biafra
Edited By Enenienwite Ikechukwu
For Family Writers Press International
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