Legal practitioner Onyedikachi Ifedi, Esq., has raised fresh questions about the jurisdiction of the Federal High Court in Abuja to try detained Indigenous People of Biafra (IPOB) leader, Mazi Nnamdi Kanu, over alleged offences connected to conduct outside Nigeria.
In Part 4 of his 150-part legal commentary series, titled “Omotosho’s Fourth Jurisdictional Failure — The Hypocrisy of Selective Sovereignty,” Ifedi argued that the Nigerian government applied inconsistent legal standards in its handling of Kanu’s case and the extradition proceedings involving suspended Deputy Commissioner of Police Abba Kyari.
The lawyer’s central argument is that Nigeria insisted on the protection of its domestic legal processes when the United States sought Kyari’s extradition but allegedly failed to respect comparable principles of territorial sovereignty and lawful process when Kanu was brought from Kenya to Nigeria in 2021.
Ifedi contended that the circumstances surrounding Kanu’s transfer from Kenya, combined with questions about the applicable terrorism legislation, raise fundamental issues concerning jurisdiction, extradition law and the administration of justice.
His commentary presents a legal argument about the validity of the proceedings. The conclusions he advances have not, merely by virtue of the publication, been established as judicial findings.
Lawyer Questions Court’s Jurisdiction Over Alleged Foreign Conduct
Ifedi argued that criminal jurisdiction is generally territorial and that a Nigerian court must establish a lawful basis for prosecuting conduct allegedly committed outside the country.
He cited MacLeod v. Attorney-General for New South Wales and Nwankwo v. State in support of his argument that criminal jurisdiction cannot automatically be extended to foreign conduct without an applicable legal foundation.
According to the lawyer, the circumstances of Kanu’s return from Kenya required the trial court to examine whether the relevant statutory conditions for prosecuting the alleged foreign conduct had been satisfied.
He specifically referred to Section 76(1)(d)(iii) of the Terrorism (Prevention and Prohibition) Act 2022 (TPPA), arguing that the provision raises questions about whether the alleged conduct must also constitute an offence under the law of the country where it occurred.
Ifedi maintained that the prosecution’s alleged failure to establish the relevant requirements under Kenyan law undermined the legal basis for proceeding against Kanu.
He further argued that the defendant’s physical presence before a Nigerian court could not, by itself, resolve a challenge to the court’s subject-matter jurisdiction.
The precise application of the statutory provision, however, depends on its wording, the nature of the charges and the facts established in the proceedings.
Lawyer Compares Kanu’s Case With Abba Kyari’s Extradition Proceedings
A major part of Ifedi’s commentary concerns the extradition proceedings involving Abba Kyari, who was sought by the United States over allegations connected to an international wire fraud investigation.
The lawyer referenced Federal Republic of Nigeria v. DCP Abba Kyari, suit number FHC/ABJ/CS/249/2022, and a ruling delivered by the Federal High Court on August 29, 2022.
According to Ifedi, the court’s handling of the extradition request demonstrated the importance attached to Nigeria’s domestic criminal proceedings and the statutory protections available under the country’s extradition framework.
He specifically cited Section 3(6) of the Extradition Act, arguing that domestic proceedings were treated as a significant legal obstacle to Kyari’s extradition.
Ifedi contrasted that approach with Kanu’s case, alleging that Nigeria failed to demonstrate comparable respect for Kenya’s legal processes when Kanu was brought to Nigeria.
He described the difference as evidence of what he characterised as selective application of legal principles.
However, determining whether the two cases are legally comparable requires examination of the relevant court decisions, the charges involved, the applicable statutes and the circumstances of each proceeding.
Kanu’s Transfer From Kenya Raises Questions About Lawful Process
Ifedi also revisited Kanu’s transfer from Kenya to Nigeria in June 2021, which has generated significant legal controversy.
The lawyer described the operation as an unlawful abduction and argued that the circumstances surrounding Kanu’s return raised questions about territorial sovereignty, international legal cooperation and the legality of subsequent proceedings.
He maintained that the Nigerian government could not automatically overcome a jurisdictional objection simply by bringing Kanu physically before a court in Abuja.
According to Ifedi, the court should have examined whether the legal requirements governing the prosecution of the alleged foreign conduct had been satisfied.
The commentary also challenges the prosecution’s subsequent reliance on terrorism charges, which the lawyer argues differed from the earlier treasonable-felony framework.
He contended that the change in charges following Kanu’s return required separate legal scrutiny and could not automatically be justified by the existence of earlier proceedings.
The legality and consequences of Kanu’s transfer, as well as the effect of the circumstances on his prosecution, must be assessed in light of the relevant court decisions and applicable law.
Lawyer Challenges the Prosecution’s Change of Charges
Another key issue raised in the commentary is the prosecution’s use of a revised set of terrorism charges following Kanu’s return to Nigeria.
Ifedi argued that the earlier treasonable-felony proceedings could not provide unrestricted authority to prosecute additional allegations without establishing the applicable legal basis.
He also questioned the continued inclusion of an allegation involving the importation of a radio transmitter, which he identified as Count 15 in the earlier proceedings.
According to the lawyer, a change in the charges required the court to consider whether the new allegations fell within its jurisdiction and whether the relevant statutory conditions had been met.
He maintained that the circumstances of a defendant’s return to Nigeria and the legal basis for prosecuting particular offences are separate questions that must each be examined.
His argument is that neither physical custody nor the existence of an earlier charge automatically resolves every subsequent jurisdictional question.
Ifedi Calls for Equal Application of the Law
In concluding his commentary, Ifedi argued that Nigeria’s treatment of Kanu and Kyari raises questions about consistency in the application of criminal and extradition law.
He maintained that the principles of territorial sovereignty, statutory jurisdiction and lawful process should be applied consistently, regardless of the identity of a defendant or the political sensitivity of a case.
The lawyer urged closer judicial scrutiny of the legal basis for prosecuting alleged offences committed outside Nigeria and the implications of a defendant’s transfer from another country.
He also called for greater accountability in the application of legal safeguards, arguing that the rule of law loses credibility when similar principles appear to be applied differently in different circumstances.
The commentary forms Part 4 of Ifedi’s announced 150-part series examining what he describes as jurisdictional errors in Kanu’s trial.
Ultimately, whether the objections raised invalidate any part of the proceedings depends on the applicable statutory provisions, the evidence before the court and the decisions of the competent appellate courts.
Editorial note: This report summarises the legal arguments advanced by Onyedikachi Ifedi, Esq. His characterisation of Kanu’s transfer, his interpretation of the relevant statutes and his comparison with the Abba Kyari extradition proceedings should not be treated as established legal findings without independent verification of the underlying records.
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