Continuous Detention Of Nnamdi Kanu: A Threat To Fundamental Human rights In Nigeria

BY Aminat Akindele

Introduction:

The case of Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has become one of the most controversial human rights issues in Nigeria. Since his re-arrest in 2021, Kanu has remained in the custody of the Department of State Services (DSS) despite several court orders granting him bail or ordering his release. This prolonged detention raises serious questions about the Nigerian government’s respect for the rule of law and its commitment to protecting the fundamental human rights guaranteed under the 1999 Constitution and international human rights treaties.

Violation of Fundamental Rights Section 35 of the Nigerian Constitution guarantees every individual the right to personal liberty, stipulating that no one shall be deprived of liberty except in accordance with a procedure permitted by law.

 While Kanu was initially charged with treasonable felony and related offences, Nigerian courts have repeatedly ruled that his continued detention is unlawful. In October 2022, the Court of Appeal discharged and acquitted him of all charges, yet the government has refused to release him, citing “national security” concerns. This refusal directly undermines the independence of the judiciary and violates the principle of separation of powers.

Furthermore, Kanu’s legal team has consistently raised concerns over his health condition and alleged denial of adequate medical care while in detention. This contravenes Section 34 of the Constitution, which guarantees the right to dignity of the human person, and Article 5 of the African Charter on Human and Peoples’ Rights, which Nigeria has domesticated into national law.

Implications for Democracy and Rule of Law

The continued detention of Nnamdi Kanu without compliance with judicial pronouncements sets a dangerous precedent. It suggests that the executive arm of government can disregard court orders with impunity, eroding public confidence in Nigeria’s legal system. Such actions risk normalizing human rights abuses and undermining democratic governance.

Moreover, Kanu’s detention has contributed to rising tensions in the South-East region, where sit-at-home protests and unrest have disrupted economic and social activities. Many analysts argue that a lawful and transparent resolution of his case would help calm tensions and open the door to dialogue on deeper grievances.

International Dimension:

International human rights bodies have also weighed in. The United Nations Human Rights Council’s Working Group on Arbitrary Detention has called for Kanu’s release, describing his extraordinary rendition from Kenya and subsequent detention as a violation of international law. Failure to heed such calls not only damages Nigeria’s global human rights reputation but also exposes the state to potential sanctions and legal consequences.

Conclusion:

The continuous detention of Nnamdi Kanu represents a clear infringement on his fundamental human rights and poses a challenge to Nigeria’s democracy. Respecting court rulings and upholding constitutional liberties are essential to maintaining the rule of law and ensuring national stability.

The Nigerian government must act swiftly to release Kanu in compliance with judicial decisions, engage in meaningful dialogue with stakeholders, and demonstrate that the nation remains committed to justice and human rights.

*Aminat Omobolanle Akindele is an Odua political activist and a freedom fighter.