Abstract:
pertinacious agitator for the secession of south eastern states from
the rest of Nigeria. He -was arrested on the 14th of October, 2015
over allegations of terrorism and treasonable felony, among other
charges. While facing trial, he was admitted to bail by the Federal
High Court. In 2017, the Nigerian army launched a military
operation in south eastern Nigeria dubbed, ‘Operation Python
Dance. ’ He disclosed that the army invaded his house in Afara-
Ukwu, near Umuahia, Abia State purportedly to annihilate him but
he managed to escape. In an interview, Nnamdi Kanu disclosed that
he fled Nigeria with the assistance of his relatives. In June 2021, it
was reported that he was abducted with the assistance of Kenya
authorities and was repatriated and moved to Abuja, Nigerian
capital city, in handcuffs. Against this backdrop, this article seeks to
examine the diplomatic fault lines regarding the extraterritorial
arrests of Nnamdi Kanu in Kenya and his subsequent detention in
Nigeria. Adopting the doctrinal research methodology, the articlefinds that the extraterritorial arrest and repatriation of Nnamdi
Kanu without the knowledge and consent of Kenyan government in
defiance of the Kenyan Extradition (Common Wealth Countries) Act
unequivocally depicts a sense of Deja Vu of Extraordinary Rendition
under International Law. The article indicates that the question of
competence of states who undertake such acts to exercise jurisdiction
over such cases in court varies from state to state. The present
article contends that the principle which precludes courts from
exercising jurisdiction in respect of fugitives arbitrarily arrested and
abducted by way of extraordinary rendition is a better position of the
law. The article recommends that all states must refrain from the use
of extraordinary rendition and urges the Nigerian government to
recant its acts of extraordinary rendition of Nnamdi Kanu and return
him to Kenya accordingly. The government ought to take steps to
comply with the rules governing extradition of accused persons as
stipulated under the Kenyan Extradition (Common Wealth
Countries) Act so as to foster the promotion of the principle of state