A High Court judge, Justice Swift, will give his decision regarding the judicial review challenge against the Foreign Secretary, brought on behalf of separatist leader, Nnamdi Kanu, in writing at a later date.
Why this matters: Recall British-Nigerian citizen Kanu, who is the leader of the Indigenous People of Biafra (IPOB), a prominent separatist movement proscribed in Nigeria, was arrested and detained in Kenya in June 2021 before being flown on a private plane to Nigeria.
Why the British High Court is involved: Kanu’s family had accused successive United Kingdom (UK) foreign secretaries – first Liz Truss, then Dominic Raab and now James Cleverly – of unlawfully failing to act despite “clear and overwhelming” evidence of an illegal extraordinary rendition, including a determination to that effect from the United Nations (UN) working group on arbitrary detention, and an admission by the Nigerian government that Kanu was transferred by its security services without any warrant of arrest or extradition.
What has happened in court so far: At the Royal Court of Justice London on Tuesday, November 15, 2022, where Kanu’s complaint was heard, James Eadie KC, for the foreign secretary, said in written submissions that there had been “and continues to be both considerable diplomatic engagement and consular assistance in (Kanu’s) case”. However, the IPOB leader’s camp objected and said the Foreign Secretary is not doing enough.
Following Tuesday’s session, the judge, Swift, said he will consider whether the Foreign Secretary has acted lawfully to date in refusing to reach a firm view on Kanu’s “extraordinary rendition” at a future date.