Liz Truss accused of ignoring evidence of rendition of UK citizen to Nigeria

Family of Nnamdi Kanu, a separatist leader, say he was seized and tortured in Kenya and then flown to Nigeria

The family of a British citizen have accused the foreign secretary of ignoring “overwhelming evidence” he was taken to Nigeria in an act of extraordinary rendition and failing to end his “unlawful” imprisonment there.

Nnamdi Kanu, the leader of the Indigenous People of Biafra (Ipob), a prominent separatist movement proscribed in Nigeria, has been held there since June last year.

The Nigerian government has previously said he was extradited to the country’s capital city, Abuja, with assistance from Interpol but his family claim the father of two was seized and tortured in Kenya before being flown to Nigeria.

In a pre-action legal letter to the foreign secretary, Liz Truss, the family’s lawyers, Bindmans LLP, say there is “overwhelming evidence” that he was subjected to extraordinary rendition.

It cites testimony Kanu has given to his lawyers and brother, an expert report, which has identified the flight they believe he was unlawfully transported on, and the Nigerian government’s failure to provide details as to how Kanu – who did not have his British passport with him – came to be there.

Bindmans, which has previously threatened legal action over lack of consular assistance for Kanu, says Truss must take a view on whether there has been a breach of international law or face a court challenge.

“If Mr Kanu has been subject to extraordinary rendition, this is a grave breach of international law which has a significant impact on the discretion which the secretary of state exercises in respect of the steps she should take to assist Mr Kanu under international and domestic law,” wrote Bindmans solicitor Shirin Marker.

“Forming a view as to whether a breach of international law has occurred, and if so the gravity of the breach, is therefore an essential prerequisite to the exercise of discretion on taking further steps at international and domestic law.”

The letter says Kanu was in Kenya in June last year when he was detained by the country’s security services, who took him to a house where he was chained to the floor and beaten for approximately eight days. He was put on a private jet on 27 June and flown to Abuja, it continues.

His brother, Kingsley Kanu, said: “With every day that passes, I am increasingly concerned for my brother’s welfare in detention and increasingly frustrated by the UK government’s ineffectiveness in assisting him. I hope the court will rule the foreign secretary must recognise the seriousness of my brother’s situation and properly consider what other steps she can take to assist him in light of his extraordinary rendition.”

Kanu was arrested in Nigeria in 2015 and charged with terrorism offences and incitement, after airing broadcasts on a digital radio station, Radio Biafra, which he founded at his home in London. Two years later he was released on bail and fled the country after an attack on his family home, which he claimed killed 28 members of Ipob. In January, he pleaded not guilty to charges of terrorism.

Both Nigerian and Kenyan authorities have denied that Kenya was involved in the arrest. The Nigerian and Kenyan high commissions in London were all approached for comment.

A Foreign Office spokesperson said: “We are providing consular support to a British national who is detained in Nigeria. We are in regular contact with the Nigerian authorities, and the detainee’s family and legal representatives.”

Contributor

Haroon Siddique Legal affairs correspondent

The GuardianTramp

Related Content

Article image
Public need answers in 'shocking' MI6 rendition scandal, says senior Tory
Andrew Tyrie says it is essential to establish who authorised secret operations ‘to draw a line under this sorry episode’

Richard Norton-Taylor

01, Jun, 2016 @11:47 AM

Straw: no evidence of rendition
The government had 'found no evidence' of detainees being 'rendered' through Britain since September 11, the foreign secretary, Jack Straw, has told MPs.

Richard Norton-Taylor

21, Jan, 2006 @12:48 AM

Identity of men on CIA rendition flights to British island revealed
Director of human rights group identifies Mohammed Madni and Shaykh al-Libi in evidence for Commons foreign affairs committee

Richard Norton-Taylor

31, May, 2009 @5:56 PM

Article image
MPs press for new inquiry into UK role in rendition and torture
Foreign Office minister says government will give decision on judicial inquiry within 60 days

Ian Cobain

02, Jul, 2018 @5:07 PM

Article image
Libyan rendition: how UK's role in kidnap of families came to light
In 2005, Jack Straw told MPs reports of rendition were ‘conspiracy theories’

Ian Cobain

10, May, 2018 @5:15 PM

Article image
Jack Straw faces call to give evidence over role in Libyan rendition
MPs want then-foreign secretary to explain role in kidnap and mistreatment of two Libyan families

Rajeev Syal and Ian Cobain

11, May, 2018 @4:22 PM

Article image
UK government faces court challenge in Nigerian rendition case
Family of Nnamdi Kanu granted judicial review over failure of Britain to intervene after arrest last year

Haroon Siddique Legal affairs correspondent

29, Sep, 2022 @12:51 PM

Article image
Jack Straw faces legal action over Libya rendition claims
Libyan commander Abdel Hakim Belhaj takes legal action against former foreign secretary alleging complicity in his torture

Ian Cobain

18, Apr, 2012 @5:52 PM

Article image
British hostage believed killed in Nigeria was due to be grandfather
Family mourns 'lovable rogue' who is said to have been among seven murdered by al-Qaida-affiliated group

Monica Mark in Lagos and Haroon Siddique

11, Mar, 2013 @11:53 PM

Article image
British hostage 'likely to have been killed' in Nigeria, says William Hague

Man named as Brendan Vaughan is feared to have been executed by Ansaru rebels along with six other foreign workers

Robert Booth

10, Mar, 2013 @7:44 PM