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Kanu Is Technically Still In Kenya By Aloy Ejimakor

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In view of the foregoing, the next best steps for Britain to take, going forward, is to ask Kenya to account for the whereabouts of her citizen, Nnamdi Kanu, last seen in Kenya as of June 19th, 2021 as her Majesty’s subject and a free citizen of Britain, not a criminal suspect.

Yes, that’s right: In the purest interpretations of foreign relations law, as applied to Britain and Kenya, Mazi Nnamdi Kanu is technically speaking, still in Kenya.

Dual national or not, Kanu departed Britain and travelled to Kenya as a British citizen and Kenya admitted him as such. That’s the starting point.

So, after his admission to Kenya, it arises that Kanu must be expelled from Kenyan soil (with or without due process), the next natural and legal thing to do is for Kenya to expel him to Britain, not Nigeria. Choosing to expel him to Nigeria means that he could’ve also been expelled to any other country than Nigeria.

Why? Because Kanu presented himself to Kenya as a British citizen, not a Nigerian citizen and not even a dual citizen. In international law, it was clearly a three-way immigration contract between Kanu, Britain and Kenya. Nigeria was not a party to it; and Nigeria was never in reckoning at the Kenyan port of entry when Kanu presented himself for admission. Lawyers call it privity of contract and it is inviolable.

Further, counting from the time of Kanu’s abduction to his infamous rendition, Kenya saw no other travel document that could’ve attributed any nationality to Kanu other than that of Britain. Or, was Kanu admitted to Kenya on a Nigerian birth certificate?

So, it’s dubious that Kenya attributed Nigerian citizenship to Kanu merely because those that sponsored the abduction and rendition presumably told Kenya that Kanu was borne in Nigeria. What about the credible claims (in public domain) that Kanu had renounced his Nigerian citizenship? If place of birth should count, then renunciation should also count.

Put another way, unless Kenya was shown Kanu’s Nigerian birth certificate, it is expected to presume Kanu as a British citizen only. After all, beyond a birth certificate, a passport is the next best proof of citizenship. Verbal assertions of place of birth is, as a matter of immigration and nationality law, an insufficient proof of citizenship.

Nonetheless, if Kenya was in any doubt as to where Kanu should be expelled, it should have resorted to the competent international laws on point.

The most obvious of such laws is codified at Article 5 of the Hague Convention on Certain Questions Relating to the Conflict of Nationality Law, which states that: “Within a third State, a person having more than one nationality shall be treated as if he had only one. A third State shall, of the nationalities which any such person possesses, recognise exclusively in its territory either the nationality of the country in which he is habitually and principally resident, or the nationality of the country with which in the circumstances he appears to be in fact most closely connected”.

As can be seen from above, Kanu was required to meet one of two conditions in order to be treated by Kenya ‘exclusively’ as either a citizen of Nigeria or Britain.

So, let’s put Kanu into what the Hague Convention says and see how he comes out.

Fact: Kanu is 53 years old. Out of this, he has spent some 30 years in Britain and 23 years in Nigeria. His wife and children are domiciled in Britain and they are British citizens, either by birth or naturalization. Kanu has his home in Britain and pays his taxes there.

Another fact: Kanu’s main occupations – Radio Biafra and IPOB – are corporate citizens of Britain in good standing, both having been duly registered in Britain. And Kanu runs both of them from British soil.

So, you can easily see from above that Britain is where Kanu is ‘habitually and principally resident, as well as the country with which, in the circumstances, he appears to be in fact most closely connected’.

Thus, Kenya (being the third country) should have treated Kanu exclusively as a British citizen because, even as the Hague Convention required Kanu to meet one of two conditions, he actually over-qualified by meeting both conditions.

Therefore, as a strict matter of foreign relations law, as applied to Britain and Kenya (minus Nigeria), Kanu is technically still in Kenya. Why? Because Kenya was the last country in which Kanu – a bonafide British citizen was lawfully admitted.

In other words, subsequent to his admission to Kenya, if Kanu desired to depart Kenya, the only country he could have legally departed to was Britain, not Nigeria. Why? Kenyan immigration would not have allowed Kanu to depart to Nigeria without him presenting either a Nigerian passport or a Nigerian visa.

In view of the foregoing, the next best steps for Britain to take, going forward, is to ask Kenya to account for the whereabouts of her citizen, Nnamdi Kanu, last seen in Kenya as of June 19th, 2021 as her Majesty’s subject and a free citizen of Britain, not a criminal suspect.

Once Britain sits up, Kenya – whether complicit or not – would begin to realize the true legal and diplomatic implications of failing to protect a bonafide British citizen who made his last lawful immigration stop on Kenyan soil. And Nigeria will also begin to realize that Kanu’s presence in Nigeria is unlawful and unsustainable.

Ejimakor is a Special Counsel to Mazi Nnamdi Kanu

Culled from the Sahara Reporters 

Africa

IPOB Leader, Nnamdi Kanu Sues Kenya Government For ‘Illegally Detaining, Extraditing’ Him To Nigeria

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According to the lawsuit filed on Tuesday, there are five respondents which are the Cabinet secretary, Director of Immigration Services, Director of Criminal Investigations, Commanding Officer of Police at Jomo Kenyatta International Airport and the Attorney-General of Kenya.

Germany-based Kingsley Kanu has filed a suit against the Kenyan government at the High Court of Kenya, Nairobi for its involvement in the abduction and extraordinary rendition of his brother and leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu to Nigeria.

According to the lawsuit filed on Tuesday, there are five respondents which are the Cabinet secretary, Director of Immigration Services, Director of Criminal Investigations, Commanding Officer of Police at Jomo Kenyatta International Airport and the Attorney-General of Kenya.

Kanu’s special counsel in Nigeria, Aloy Ejimakor disclosed this to the media on Thursday with evidence of court documents.

The lawsuit read partly, “This petition concerns the unconstitutional and unlawful removal engineered by the respondents through abduction, denial of fair administrative action in violation of the human dignity of the subject: Nwannekaenvi Nnamdi Kenny Okwu’Kan (Mr Kanu) whose presence in Kenya was lawful and non-threatening.

“This petition seeks a declaration of rights and appropriate reliefs against the involuntary and illegal return of Mr. Kanu to Nigeria when there were substantial grounds for believing that the person would be in danger of being subjected to torture, cruel, inhuman or degrading treatment or punishment that is prohibited  by the Constitution of Kenya and the human rights treaties in force in Kenya.

“The petitioner is a German citizen ordinarily residing in Munich within Germany. This petitioner brings this petition on behalf of his brother, Mr. Kanu.”

While speaking on the suit with BBC according to the audiotape obtained by SaharaReporters through Ejimakor, Kanu’s lead counsel in Kenya, Prof. George Wajackoyah said there are pieces of proof that the Kenyan government was culpable despite its denial of involvement.

Wajackoyah stated that Kanu cannot be tried in Nigeria because there was no due process in repatriating him to Nigeria, which made it an extra rendition, and the fact that Kanu is a British citizen and has renounced his Nigerian citizenship.

He said. “We filed a petition today (Tuesday) against the Kenyan government and various actors in this case for their unconstitutional and unlawful removal which denied our client his human rights, which was engineered by 1st to 5th respondents in the violation of human rights of Nnamdi Kanu.

“We are serving the respondents and from there, we take on. Once we filed and served, then the court will give us a date, and that should be within a very short period of time because it was served under a certificate of urgency.”

Speaking on the evidence that indicted the Kenyan government, the Kenyan lawyer disclosed, “We have copies of his passport and a stamp that he was indeed in Kenya. We also have evidence he was in his residence on a particular day. We also have material proof that he was at the airport on a particular day to meet a friend and there he was arrested. Definitely, he was kidnapped.”

Wajackoyah further told BBC, “Why on earth will the Kenyan government deport a British citizen to Nigerian territory.  Kanu has renounced his Nigerian citizenship. Extradition and extra rendition are two things. Extradition has to follow due process, you can’t just pick up somebody and throw him. That’s barbaric. It’s outlawed by international law.

“If they are trying a Nigerian national, certainly (they will win). But, if they are trying a British national, not at all. It is an abuse of the court process for the Nigerian court to try a British citizen who has no connection with Nigeria and without due process. So, I have been given instruction by his family in London and his brother in Germany to file a lawsuit against the Kenyan government.”

Culled from the Sahara Reporters

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Africa

Nine killed as crane collapses in Nairobi

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Nine people, including two Chinese, were killed and two others injured Thursday after a crane collapsed at a construction site in Kenya’s capital Nairobi, police said.

The crane came crashing down while a team of workers was attempting to dismantle it, ZJCC, the Chinese construction company behind the project, said.

Seven Kenyans and two Chinese died in the accident, which also injured two people, said Andrew Mbogo, police chief of Kilimani neighbourhood, where workers were building the 14-storey student hostel.

The cause of the collapse was not immediately clear.

Eyewitnesses said they heard people screaming as the crane slammed into the ground.

“We were having lunch when we heard things falling and thought part of the building was coming down,” 27-year-old construction worker Michael Odhiambo told AFP.

“When we got there, we found a crane had snapped and tumbled down,” he said, adding that one of the workers managed to escape with his life thanks to a safety harness.

Josephine Matere, a food hawker, described seeing the green crane swing wildly as people desperately clung to it, their colleagues watching in horror.

“They were screaming and watching their colleagues fall,” she said, showing a video of the incident.

Fire fighters arrived at the scene nearly two hours after the bodies had been taken to a morgue in a police lorry.

The injured victims were being treated at a nearby hospital, police said.

ZJCC released a statement offering condolences and promising a full probe into the accident.

“We have since sealed off the site and are collaborating with the Kenya Police Service and the Directorate of Occupational Safety & Health Services (DOSHS) in conducting further investigations into the incident in accordance with laws and regulations governing construction sites in Kenya.”

The incident happened opposite the headquarters of the defence ministry, with military police now guarding the site.

Shoddy construction and flouted regulations have led to many such deadly accidents in Nairobi.

The East African nation is undergoing a construction boom, but corruption has allowed contractors to cut corners or bypass regulations.

At least three people died in December 2019 when a residential building collapsed in Nairobi.

That incident came three months after seven children died and scores were injured when their school was flattened in an accident blamed on third-rate construction.

In April 2016, 49 people were killed when a six-floor apartment building crumbled in the northeast of the capital after days of heavy rain caused floods and landslides.

The building, constructed two years earlier, had been scheduled to be demolished after being declared structurally unsound.

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Kenya Police Fail To Prosecute Citizen Who Stole N26.5million From Nigerian Investor

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Hashil conspired with people who pretended to be police officers and arrested and handcuffed him before driving him around town.

The police in Mombasa have released a Kenyan man suspecting of having masterminded the abduction and robbing at gunpoint of some $53,000 (N26,500,000) from Bitcoin accounts belonging to a Nigerian national (name withheld).

Police reports seen by the media indicated that Abdulmanaf Hashil is alleged to have used his closeness with the Nigerian man who is a Bitcoin trader to rob him of the currency from his mobile telephone.

The Nigerian, who has since gone underground for fear of his life and that of his immediate family including his Kenyan wife and four-year-old son, said that he had known Hashil since he arrived in Mombasa two years ago.

“Hashil even assisted me in getting a house in Nyali where I lived with my family.He regularly visited me and we become close as family even attending family outings together,” the Nigerian said.

The Nigerian man said that last week, Hashil conspired with people who pretended to be police officers and arrested and handcuffed him before driving him around town .

“All this time they were in constant communication with a person who was giving them instructions.A gun was pointed to my head and I was ordered to reveal the mobile pin number of my Bitcoin account,” he said

He managed to break free from his abductors on the night he was hijacked after he spotted police patrolling.

“I shouted for help calling on police to come to my rescue. My abductors seemed to know their game plan well and even handed me over to police and left. I was promptly arrested and told I had broken curfew rules as it was past 10.00 pm,” he said.

He added that all this time, his wife and a neighbour were searching for him and had reported him missing at the Nyali Police station.

The abductors are said to have gotten in touch with his wife pretending to be police officers and demanded to be sent money for him to be released.

His wife obliged and sent sh50,000 to the abductors.

The second day upon his release, the Nigerian discovered that all the monies in his Bitcoin accounts had been transferred from his mobile telephone.

”I reported the matter to Nyali Police station and was issued with an OB number OB 38/17/08/2021,” he said.

The media gathered that instead of charging Hashil to court, the police on Tuesday morning released him.

“He was supposed to be in court but was released this morning by the police. The police failed to charge him to court. Hashil even threatened the Nigerian man in the station right in presence of the police,” a source told the media.

Culled from the Sahara Reporters

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