Kanu was arrested in an African country believed to beKenya and repatriated in June 2021.
“Nnamdi Kanu has written the Attorney General of the
Federation, AGF, Abubakar Malami demanding for
justice over his arrest and torture in Kenya.
The leader of the Indigenous People of Biafra, IPOB,
has now made five demands.
Kanu was arrested in an African country believed to be
Kenya and repatriated in June 2021.
This was due to his agitation for the restoration of
Biafra. He fled Nigeria in 2017 after Justice Binta
Nyako of an Abuja Federal High Court granted him bail.
However, the IPOB leader disclosed that he was
tortured and subjected to inhumane treatment after his
arrest in Kenya.
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To this end, the IPOB leader urged Malami to
investigate and prosecute all those involved in his
torture, in line with the provisions of the Anti-Torture
Act of 2017.
In a letter to Malami, Kanu said all those who tortured
him during his arrest in Kenya and detention in Nigeria
should be punished.
He made the call in a letter signed by his Special
Counsel, Aloy Ejimakor, detailing how he was arrested
and tortured in Kenya and Nigeria.
Kanu also urged the AGF to ensure his protection
while in the custody of the Department of State
Services, DSS.
The letter reads partly: “In view of the forgoing, we
hereby make the following Prayers: That, consistent
with the provisions of the Anti-Torture Act, 2017, the
office of the Attorney-General take prompt measures
to initiate the prosecution of all persons that were
directly or indirectly culpable in the torture of our
Client. For your ease of reference, Section 5 of the
Anti Torture Act provides that: “A person who has
suffered or alleges that he has been subjected to
torture shall have the right to complain to and to have
his case promptly and impartially examined by a
competent authority.
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“The competent authority under subsection (1) shall
take steps to ensure that the complainant is protected
against all ill-treatment or intimidation as a
consequence of his complaint or any given evidence.
“That the said prosecutorial action be levied, in line
with Section 8 of the Anti Torture Act, which provides
that ‘A person who actually participates in the
infliction of torture or who is present during the
commission of the act is liable as the principal.’
“An order from a superior officer or from a superior in
the office or public authority shall not be invoked as a
justification for torture.
“The immediate commanding officer of the unit
concerned of the security or law enforcement
agencies is held liable as an accessory to the crime
for any act or omission or negligence on his part that
may have led to the commission of torture by his
subordinates.”
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““In conclusion, we call your attention to the provisions
of Section 1 of the Anti Torture Act, which states that
‘The Government shall—(a) ensure that the rights of
all persons, including suspects, detainees and
prisoners are respected at all times and that no
person placed under investigation or held in the
custody of any person in authority shall be subjected
to physical harm, force, violence, threat or intimidation
or any act that impairs his free will: and (b) fully
adhere to the principles and standards on the absolute
condemnation and prohibition of torture set by the
Constitution of the Federal Republic of Nigeria and
various international instruments to which Nigeria is a
State party’.