The detained leader of the Indigenous People of Biafra, Nnamdi Kanu says that he cannot be tried in any Nigerian court due to Section 15 of the Nigeria Extradition Act.
Kanu made this statement on Monday after the Federal High Court in Abuja denied his request for bail or transfer from Department of State Services custody to a prison or house arrest.
According to Kanu, the Terrorism Prohibition and Prevention Act also prohibits his trial in Nigeria.
He quoted Section 2, Subsection 3F of the Act, stating that any court attempting to try him would be committing terrorism. Kanu believes this is the reason for the delays in his case.
He said, “Terrorism Prohibition and Prevention Act said I cannot be tried in Nigeria. That is the law of Nigeria. I can never be tried in any court of law in Nigeria. That is what the law says.
“Anyone standing in trial or coming to try me is a terrorist. That is what the law says, not me. Section 2, Subsection 3F of the Terrorism Prevention and Prohibition Act, that is what it says.
“Any court continuing to try me is committing an act of terrorism.”
This, he said, was the reason his case was being delayed.
“You cannot violate a treaty that Nigeria entered into. You entered my house and then came to try me, that is not done anywhere in the world so you must be aware that that is where there are all these ridiculous delays that is what the Supreme Court says, I did not jump bail, my home was invaded they came to kill me and I survived.
“They came to Kenya to kidnap me, brought me back to this country, and sought to try me, which the law says cannot happen.
“You cannot violate a treaty that was entered into and then hope to stand on that illegality to conduct a trial.
“It is not done anywhere in the world, and nobody has. There’s no exception, no exception whatsoever. That’s what the law says in Section 12.
“Nigeria becomes law, and it is law you cannot change. It doesn’t matter what they all do. This thing they are doing against me is just pure rubbish. You never stand not with me. I believe in justice and fairness, that’s all.”
Kanu argued that Nigeria cannot violate the treaty it entered into, referencing the invasion of his home and his subsequent kidnapping in Kenya.
He emphasized that the law does not allow for his trial under these circumstances.
Justice Nyako, in her ruling, found that Kanu had jumped bail and that his sureties had applied to be discharged due to their inability to locate him. The judge advised Kanu to exercise his right of appeal at the Court of Appeal.