Lord Justice Lewis, a judge on the British Court of Appeal, has given the family of Nnamdi Kanu, the leader of the Indigenous People of Biafra, permission to appeal the decision of the United Kingdom High Court. That decision said that the British government could legally avoid making a decision about whether Kanu had been tortured, subjected to extraordinary rendition, and held without reason.
The order, which was signed by Justice Lewis on May 8, said that the appeal should be heard as soon as possible.
"In a decision on March 23, 2023, the UK High Court turned down the Kanu family’s request for a court review of the British government’s inability to come to a clear decision about Nnamdi Kanu’s extraordinary rendition. The UK law company Bindmans LLP, which is representing the Kanu family in the case, asked for permission to appeal this earlier decision to the British Court of Appeal, said a statement from Kanu’s lawyer, Aloy Ejimakor, on Wednesday.
"ORDER by the Right Honorable Lord Justice Lewis.
"After looking at the appellant’s notice and the papers that went with it, but without an oral hearing, in response to an application for permission to appeal the order of The Honourable Mr. Justice Swift, dated March 23, 2023, dismissing the appellant’s claim for judicial review, the court has decided to allow the appeal.
“Decision: 1. Permission to appeal is given for all three reasons (1, 2, and 3). 2. The review should be done quickly,” said the May 8 order from Justice Lewis.
"After looking at the appellant’s notice and the papers that went with it, but without an oral hearing, in response to an application for permission to appeal the order of The Honourable Mr. Justice Swift, dated March 23, 2023, dismissing the appellant’s claim for judicial review, the court has decided to allow the appeal.
“Decision: 1. Permission to appeal is given for all three reasons (1, 2, and 3). 2. The review should be done quickly,” said the May 8 order from Justice Lewis.
Lewis said, "This appeal is about Nnamdi Kanu, the brother of the person who filed the appeal. Mr. Kanu was born in Britain. He has been in jail in Nigeria since June 2021, and it looks like he is being kept in solitary confinement right now. It is said that he was taken from Kenya to Nigeria in a way that was not normal. This plea is about the request for help from the consulate. Part of this case is about whether or not Mr. Kanu has a right to expect help and whether or not the respondent must make a decision about whether or not he was subject to extraordinary rendition and is required to tell him what that decision is (grounds 1 and 3). A related claim (ground 2) is that it was illogical for the defendant not to have a clear opinion on the issue of extraordinary rendition in this case.
"The reasons for the appeal raise important questions about the respondent’s responsibilities when British citizens are detained abroad and ask for consular help, as well as how the Court of Appeal’s decision in R (Abassi) v. Secretary of State for the Foreign and Commonwealth Office [2003] UKHRR 76 should be interpreted and used. Because of these things, there is a strong reason to hear the appeal, as required by CPR 52.6(1)(b). On all three reasons, permission is given. 3. The issue is important because, based on the information I have in front of me, Mr. Kanu is still in jail and, it seems, in solitary confinement. The case should be heard as soon as possible. If it’s possible, the case should be heard before July 14, 2023. If it’s not, it should be heard as soon as possible after that.