Home Opinion Kanu is technically still in Kenya

Kanu is technically still in Kenya

194
•Nnamdi Kanu

By ALOY EJIMAKOR

Yes, that’s right: In the purest interpretations of foreign relations law, as applied to Britain and Kenya, Mazi Nnamdi Kanu is technically speaking, still in Kenya. How? Dual national or not, Kanu departed Britain and travelled to Kenya as a British citizen and Kenya admitted him as such. That’s the starting point.

So, after his admission to Kenya, it happens that Kanu must be expelled from Kenyan soil (with or without due process), the next natural and legal thing to do is for Kenya to expel him to Britain, not Nigeria. Choosing to expel him to Nigeria means that he could’ve also been expelled to any other country than Nigeria.

Why? Because Kanu presented himself to Kenya as a British citizen, not a Nigerian citizen or even a dual citizen. In international law, it was clearly a three-way immigration contract between Kanu, Britain and Kenya. Nigeria was not a party to it; and Nigeria was never in reckoning at the Kenyan port of entry when Kanu presented himself for admission. Lawyers call it privity of contract.

Further, counting from the time of Kanu’s abduction to the infamous rendition, Kenya sighted no other travel document that could’ve, in addition to Britain, attributed another nationality to Kanu, including that of Nigeria. Or, was Kanu admitted to Kenya on a Nigerian birth certificate?

So, it’s dubious that Kenya attributed Nigerian citizenship to Kanu merely because those that sponsored the abduction and rendition presumably told Kenya that Kanu was borne in Nigeria. What about the credible claims (in public domain) that Kanu had renounced his Nigerian citizenship? If place of birth should count, then renunciation should count for more.

Put another way, unless Kenya was shown Kanu’s Nigerian birth certificate, it is expected to presume Kanu as a British citizen only. After all, beyond a birth certificate, a passport is the next best proof of citizenship. Verbal assertions of place of birth is, as a matter of immigration and nationality law, an insufficient proof of citizenship.

Nonetheless, if Kenya was in any doubt as to where Kanu should be expelled, it should have resorted to the competent international laws on point.

The most obvious of such laws is codified at Article 5 of the Hague Convention on Certain Questions Relating to the Conflict of Nationality Law, which states that: “Within a third State, a person having more than one nationality shall be treated as if he had only one. A third State shall, of the nationalities which any such person possesses, recognise exclusively in its territory either the nationality of the country in which he is habitually and principally resident, or the nationality of the country with which in the circumstances he appears to be in fact most closely connected”.

As can be seen from above, Kanu was required to meet one of two conditions in order to be treated by Kenya ‘exclusively’ as either a citizen of Nigeria or Britain.

So, let’s put Kanu into what the Hague Convention says and see how he comes out.

Fact: Kanu is 53 years old. Out of this, he has spent some 30 years in Britain and 23 years in Nigeria. His wife and children are domiciled in Britain and they are British citizens, either by birth or naturalization. Kanu has his home in Britain and pays his taxes there.

Another fact: Kanu’s main occupations – Radio Biafra and IPOB – are corporate citizens of Britain in good standing, both having been duly registered in Britain. And Kanu runs both of them from British soil.

Conversely, the last time Kanu visited Nigeria, he was arbitrarily arrested, persecuted and detained for eighteen months. In time, he was nearly killed under circumstances that would be considered State-sponsored murder, which is a crime against humanity under the Rome Statute.

So, as you can easily see from above, Britain is where Kanu is ‘habitually and principally resident, as well as the country with which, in the circumstances, he appears to be in fact most closely connected’. If, like Kenya, you think Nigeria qualifies by a stretch, then you must be thinking that being in jail for nearly two years and surviving extrajudicial murder are good attributes of citizenship.

Thus, Kenya (being the third country) should have treated Kanu exclusively as a British citizen because, even as the Hague Convention required Kanu to meet one of two conditions, he actually over-qualified by meeting both conditions.

Therefore, as a strict matter of foreign relations law, as applied to Britain and Kenya (minus Nigeria), Kanu is technically still in Kenya. How? Because Kenya was the last country in which Kanu – a bonafide British citizen was lawfully admitted.

In other words, subsequent to his admission to Kenya, Kanu desired to depart from Kenya, the only country he could have legally departed to was Britain, not Nigeria. Why? Kenyan immigration would not have allowed Kanu to depart to Nigeria without him presenting either a Nigerian passport or a Nigerian visa.

In view of the foregoing, the next best steps for Britain to take, especially in the face of Nigeria’s intransigence, is to ask Kenya to account for the whereabouts of her citizen, Nnamdi Kanu, last seen in Kenya as of June 19th, 2021 as her Majesty’s subject and a free citizen of Britain, not a criminal suspect.

Once Britain sits up, Kenya – whether complicit or not – would begin to appreciate the true legal and diplomatic implications of failing to protect a bonafide British citizen who made his last lawful immigration stop on Kenyan soil. And Nigeria too will begin to realize that Kanu’s presence in Nigeria is unlawful and unsustainable.

Ejimakor is a Special Counsel to Mazi Nnamdi Kanu

RELATED ARTICLES

194 COMMENTS

  1. Heya i am for the first time here. I found this board and
    I find It really useful & it helped me out a lot.
    I hope to give something back and aid others like
    you aided me.

    Also visit my page – Torri

  2. Hi there! Do you use Twitter? I’d like to follow you if that would be ok.
    I’m definitely enjoying your blog and look forward to new updates.

    Look at my web-site … Randal

  3. Wonderful work! This is the type of info that should be shared across the internet.

    Disgrace on the seek engines for no longer positioning this post upper!
    Come on over and seek advice from my site . Thank you =)

    Here is my page … Williemae

  4. Just wish to say your article is as astounding.
    The clarity in your post is simply excellent and i could assume you’re an expert on this subject.
    Fine with your permission allow me to grab your RSS feed to
    keep up to date with forthcoming post. Thanks a million and please keep up the enjoyable work.

    Visit my web blog; Jacquelyn

  6. Hello, I believe your blog may be having web browser compatibility problems.
    Whenever I take a look at your website in Safari, it looks fine
    however, when opening in IE, it’s got some overlapping issues.
    I just wanted to give you a quick heads up! Other than that,
    fantastic site!

    Here is my blog; Nelle

  7. I have been surfing online more than three hours today, yet I never found
    any interesting article like yours. It is pretty worth enough for me.
    In my opinion, if all webmasters and bloggers made good content as you did, the web will be a lot more useful than ever before.

    My blog: Dena

  8. Oh my goodness! Amazing article dude! Thank you, However I am encountering troubles with your RSS.
    I don’t know why I cannot join it. Is there anybody having the same RSS
    problems? Anyone that knows the solution can you kindly respond?
    Thanks!!

    Here is my web page; Jerold

  11. Your means of explaining everything in this piece of
    writing is truly fastidious, every one be capable of simply be aware of it, Thanks a lot.

    Look at my homepage; discuss

  12. Aw, this was an extremely nice post. Finding the time and actual effort to produce a
    great article… but what can I say… I put things off
    a whole lot and never seem to get anything done.

    Feel free to visit my blog; picomart.trade

  21. Thanks on your marvelous posting! I quite enjoyed reading it, you can be
    a great author. I will make sure to bookmark
    your blog and may come back later on. I want to encourage yourself to continue
    your great work, have a nice afternoon!

    Feel free to visit my homepage adcardz.com

  23. whoah this blog is excellent i like reading your posts. Keep
    up the good work! You already know, many persons are
    hunting around for this information, you can aid them greatly.

    Also visit my web-site; wiki.openopus.org

  24. You have made some decent points there. I looked on the web for more info about
    the issue and found most individuals will go along with your views on this web
    site.

    Feel free to surf to my site – lgmbk.in.ua

  25. Hi, I do think this is an excellent blog. I stumbledupon it 😉 I’m going to come
    back yet again since I book marked it. Money and freedom is the greatest way to change, may you be rich and continue to guide others.

    Feel free to surf to my website: madu hutan sumbawa asli

  29. Fascinating blog! Is your theme custom made or did you download it
    from somewhere? A design like yours with a few simple adjustements would really make my blog shine.
    Please let me know where you got your theme. Thanks a
    lot

    Here is my webpage – notes.io

  33. With havin so much content and articles do you ever run into any problems of plagorism
    or copyright infringement? My blog has a lot of completely unique content I’ve either
    created myself or outsourced but it appears a lot of it is popping it up all over the web without my authorization. Do you know any techniques to help stop content
    from being stolen? I’d truly appreciate it.

    Feel free to visit my web-site: agen slot depo pulsa tanpa potongan

  34. Wonderful article! This is the type of info that should be shared across the web.

    Disgrace on Google for no longer positioning this post upper!

    Come on over and talk over with my site . Thank you =)

    Here is my web-site – bbs.inmeng.cn

  35. An outstanding share! I have just forwarded this onto a friend who has been conducting
    a little homework on this. And he in fact bought me lunch
    because I discovered it for him… lol. So let me reword this….
    Thanks for the meal!! But yeah, thanx for spending some time to discuss
    this topic here on your site.

    Here is my web page … http://pandora.nla.gov.au/external.html?link=https://telegra.ph/Do-Not-Simply-Sit-There-Start-Getting-Extra-Servers-List-12-14

  36. When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the
    same comment. Is there any way you can remove people from that service?
    Thanks a lot!

    Feel free to surf to my webpage – agen slot deposit pulsa

  42. This design is steller! You definitely know how to keep a reader amused.
    Between your wit and your videos, I was almost moved
    to start my own blog (well, almost…HaHa!) Fantastic job.

    I really loved what you had to say, and more than that, how you presented it.
    Too cool!

    my site … http://adcardz.com/adpost223/

  43. Right here is the right web site for everyone who really wants to understand this topic.

    You understand so much its almost hard to argue with
    you (not that I actually will need to…HaHa).
    You definitely put a brand new spin on a topic that has been written about for years.
    Wonderful stuff, just great!

    my homepage; paxiaojie005.xyz

  44. Hello! I could have sworn I’ve been to this website
    before but after going through some of the articles
    I realized it’s new to me. Nonetheless, I’m certainly delighted I stumbled
    upon it and I’ll be bookmarking it and checking back
    often!

    Also visit my webpage … agen slot online pulsa

  45. Please let me know if you’re looking for a writer for your site.

    You have some really great posts and I feel I would be a good
    asset. If you ever want to take some of the load off, I’d love to write some
    content for your blog in exchange for a link back
    to mine. Please blast me an e-mail if interested.
    Cheers!

    Feel free to visit my website https://git.skewed.de/dugoutoyster0

  46. I do not know whether it’s just me or if perhaps everyone
    else experiencing issues with your website.
    It seems like some of the text within your content are
    running off the screen. Can somebody else please provide feedback and let me know if this is happening to
    them too? This might be a problem with my internet browser because I’ve had this
    happen before. Cheers

    Here is my webpage :: radnik.pl

  61. Definitely believe that which you said. Your favorite reason seemed to be on the web the
    simplest thing to be aware of. I say to you, I certainly get irked while people think about worries that they just do not know about.
    You managed to hit the nail upon the top as well as defined out the whole thing
    without having side effect , people could take a
    signal. Will probably be back to get more. Thanks

    Here is my homepage; http://www.kiripo.com

  62. My brother recommended I might like this website. He was entirely right.
    This post actually made my day. You can not imagine simply how much time I had spent for this information! Thanks!

    my webpage; qa.pandora-2.com

  63. It is perfect time to make a few plans for the long run and
    it’s time to be happy. I have learn this post and if
    I may just I desire to counsel you few interesting things or suggestions.
    Perhaps you could write next articles relating to this article.
    I desire to learn more issues about it!

    Here is my blog; http://www.openstreetmap.org

  74. It’s the best time to make a few plans for the long run and it’s time to
    be happy. I’ve learn this submit and if I may I wish to suggest you some attention-grabbing things or tips.
    Maybe you can write subsequent articles relating
    to this article. I want to read more things about it!

    My web blog – https://splice.com/israelnose4

  83. Whats up are using WordPress for your blog platform?
    I’m new to the blog world but I’m trying to get started and create
    my own. Do you need any coding expertise to make your own blog?
    Any help would be greatly appreciated!

    my blog … wiki.goldcointalk.org

  84. Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your
    site? My blog site is in the exact same niche as
    yours and my visitors would certainly benefit from
    a lot of the information you present here. Please let me know if this ok with
    you. Thanks!

    my page atavi.com

  86. Thank you, I have just been looking for info
    about this subject for ages and yours is the best I have came upon so far.
    However, what about the bottom line? Are you sure in regards to the supply?

    My web-site: lawpracticesale.com

  98. I seriously love your site.. Very nice colors & theme.
    Did you develop this amazing site yourself? Please reply back as I’m
    planning to create my own website and would like to learn where you got
    this from or just what the theme is called. Appreciate it!

    Also visit my blog; http://www.transtats.bts.gov

  100. You really make it seem so easy together with your
    presentation but I in finding this topic to be actually one thing that I feel I might by no means understand.
    It kind of feels too complex and very broad for me. I am taking a look ahead to your subsequent submit,
    I’ll try to get the dangle of it!

    Take a look at my blog: community.windy.com

  101. Attractive section of content. I just stumbled upon your site and in accession capital to assert that I get
    in fact enjoyed account your blog posts. Anyway I will be subscribing
    to your augment and even I achievement you access consistently quickly.

    Feel free to visit my page http://www.pinterest.com

  105. Greate pieces. Keep posting such kind of information on your
    site. Im really impressed by it.
    Hi there, You’ve done an excellent job.
    I will definitely digg it and in my opinion suggest to
    my friends. I’m confident they’ll be benefited from
    this site.

    Review my web blog – inkspot.fr

  106. I was recommended this blog via my cousin. I’m now not sure whether or not this publish is written by him as nobody else
    understand such certain approximately my difficulty.
    You’re amazing! Thank you!

    Feel free to visit my blog post … fkwiki.win

  110. Hello! Someone in my Facebook group shared this website
    with us so I came to give it a look. I’m definitely loving the information. I’m book-marking
    and will be tweeting this to my followers! Wonderful blog and great
    style and design.

    My webpage; ashdoda.net

  114. Please let me know if you’re looking for a article writer for your site.
    You have some really great posts and I feel I would be a good asset.

    If you ever want to take some of the load off, I’d absolutely love to write some articles for
    your blog in exchange for a link back to mine.
    Please send me an email if interested. Many thanks!

    Also visit my site; kimimoru.minibird.jp

  121. I’m not sure why but this blog is loading extremely
    slow for me. Is anyone else having this issue or is it a issue on my end?
    I’ll check back later on and see if the problem still exists.

    Feel free to visit my homepage; occtao.com

  123. I’m impressed, I have to admit. Seldom do I encounter a blog that’s equally educative and entertaining, and
    let me tell you, you have hit the nail on the head.
    The issue is something not enough folks are speaking intelligently about.
    Now i’m very happy that I came across this in my search for something concerning this.

    My blog – http://servers.org.ua/user/zephyrtree53/

  126. Hello, i think that i saw you visited my site thus i came to “return the favor”.I’m attempting to find things to improve my website!I suppose its ok to use a few of your
    ideas!!

    Visit my blog post; lib02.uwec.edu

  130. Yesterday, while I was at work, my sister stole my iPad and tested to see if it can survive a 30 foot drop, just so she can be
    a youtube sensation. My apple ipad is now broken and she has 83 views.
    I know this is completely off topic but I had to share it with
    someone!

    Feel free to visit my webpage – judi slot deposit pulsa

  131. Howdy! Would you mind if I share your blog with my myspace group?
    There’s a lot of folks that I think would really appreciate your content.
    Please let me know. Many thanks

    my site: blip.fm

  133. It’s a shame you don’t have a donate button! I’d certainly
    donate to this brilliant blog! I guess for now i’ll settle for
    book-marking and adding your RSS feed to my Google account.
    I look forward to brand new updates and will talk about this website with my Facebook group.
    Chat soon!

    Feel free to visit my web blog :: http://www.4mark.net

  136. Hello there, just became alert to your blog through Google, and found that it’s truly informative.
    I’m gonna watch out for brussels. I’ll appreciate if
    you continue this in future. Many people will be benefited
    from your writing. Cheers!

    Here is my web-site … fakenews.win

  137. Fantastic beat ! I would like to apprentice while you amend your website,
    how can i subscribe for a blog web site? The account helped
    me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear concept

    Look at my web site: theultimotradecentre.com

  138. Definitely believe that which you stated. Your
    favorite reason seemed to be on the web the easiest
    thing to be aware of. I say to you, I definitely get irked while people consider worries that they plainly do
    not know about. You managed to hit the nail upon the
    top and also defined out the whole thing without having side-effects ,
    people could take a signal. Will probably be back
    to get more. Thanks

    Feel free to visit my homepage … https://controlc.com/cb1d91be

  139. Hello there, just became aware of your blog through Google, and
    found that it’s really informative. I am gonna watch out for brussels.
    I will appreciate if you continue this in future.

    Many people will be benefited from your writing.
    Cheers!

    my blog post; feiyanwang.cn

  142. Woah! I’m really loving the template/theme of
    this blog. It’s simple, yet effective. A lot of times
    it’s challenging to get that “perfect balance” between usability and appearance.
    I must say you have done a excellent job with this.

    Additionally, the blog loads very quick for me on Internet explorer.
    Exceptional Blog!

    My webpage; discuss

  146. Hi, i think that i saw you visited my website so i came to “return the favor”.I’m attempting to find things
    to enhance my website!I suppose its ok to use some
    of your ideas!!

    Feel free to visit my web site: qa.rudnik.mobi

  150. Unquestionably imagine that which you said. Your favourite reason seemed to be at the internet the easiest factor to
    bear in mind of. I say to you, I definitely get annoyed while other people think about concerns that they plainly don’t realize about.
    You controlled to hit the nail upon the highest as well as defined out the entire thing
    without having side-effects , other folks could take a signal.

    Will likely be back to get more. Thanks

    My web page: hubpages.com

  151. I just couldn’t leave your web site before suggesting that I actually enjoyed the standard info a person provide for your guests?
    Is gonna be back regularly in order to check up on new posts

    Have a look at my web page … wx2.jjcbw.com

  152. Hi there i am kavin, its my first time to commenting anywhere, when i read this post i thought i could also create
    comment due to this sensible piece of writing.

    Also visit my webpage :: slot367

  153. Hello there, I discovered your web site via Google at the same
    time as searching for a related topic, your website came up, it seems
    good. I’ve bookmarked it in my google bookmarks.

    Hi there, simply changed into alert to your weblog via Google,
    and located that it’s truly informative. I’m gonna watch
    out for brussels. I will be grateful for those who proceed this in future.
    Lots of people might be benefited from your writing.
    Cheers!

    Also visit my website; slot deposit bank jago

  155. Right here is the right site for anybody who wants to find out about this topic.

    You realize so much its almost hard to argue with you (not
    that I really would want to…HaHa). You definitely put a
    fresh spin on a subject that has been discussed for ages.

    Great stuff, just excellent!

    Here is my website … situs slot online bank jago

  156. After exploring a handful of the blog posts on your site, I
    really like your technique of writing a blog.
    I book marked it to my bookmark webpage list and will be checking back soon.
    Please check out my web site as well and tell me how you feel.

    Look into my web-site slot bank jago

  159. Whats up very nice site!! Man .. Beautiful ..
    Amazing .. I’ll bookmark your web site and take the feeds also?
    I’m glad to find so many useful information here within the put up, we’d like develop extra strategies on this regard, thank you for sharing.
    . . . . .

    Here is my web blog; judi slot via bank jago

  161. Hi would you mind sharing which blog platform you’re using?
    I’m looking to start my own blog soon but I’m having a difficult time choosing between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your design seems different then most blogs and I’m looking for something completely unique.

    P.S Sorry for being off-topic but I had to
    ask!

    Feel free to surf to my web-site; situs slot online bank jago

  164. Thanks on your marvelous posting! I definitely enjoyed reading it, you’re a great author.
    I will always bookmark your blog and definitely
    will come back at some point. I want to encourage you to continue your great posts, have
    a nice holiday weekend!

    my web blog … situs slot online bank jago

  165. Howdy! I know this is sort of off-topic but I needed to ask.
    Does operating a well-established website such as yours take
    a large amount of work? I’m completely new to blogging but
    I do write in my diary everyday. I’d like to start
    a blog so I can share my personal experience and thoughts online.
    Please let me know if you have any kind of suggestions or tips
    for brand new aspiring bloggers. Appreciate it!

    My web page – situs slot online bank jago 2022

  167. I do consider all of the ideas you have presented to your post.
    They are very convincing and will definitely work. Nonetheless, the posts
    are too brief for newbies. Could you please extend
    them a bit from next time? Thank you for the post.

    Feel free to surf to my webpage; situs slot gacor bank jago

  168. What i don’t understood is if truth be told how you’re not actually much more smartly-liked than you may be now.
    You are very intelligent. You already know therefore considerably in terms of this topic, made me for my part consider it from so many varied angles.

    Its like women and men don’t seem to be fascinated except it is one thing to accomplish with
    Woman gaga! Your individual stuffs outstanding.
    All the time handle it up!

    My blog post :: slot online bank jago

  169. With havin so much written content do you ever run into any problems of plagorism or copyright infringement?
    My website has a lot of exclusive content I’ve either authored myself or outsourced but it looks
    like a lot of it is popping it up all over the
    web without my agreement. Do you know any techniques to help stop content from being stolen?
    I’d genuinely appreciate it.

    Feel free to surf to my site; slot bank jago

  170. Wow that was unusual. I just wrote an really long comment but after
    I clicked submit my comment didn’t show up. Grrrr…
    well I’m not writing all that over again. Anyhow, just wanted to say superb blog!

    my blog post – slot deposit bank jago

  178. Appreciating the time and energy you put into your site and in depth information you provide.
    It’s awesome to come across a blog every once in a while that isn’t the same out of date rehashed material.
    Fantastic read! I’ve bookmarked your site and I’m adding
    your RSS feeds to my Google account.

    Here is my web page: situs slot gacor bank jago

  179. Hey just wanted to give you a quick heads up.
    The words in your post seem to be running off the screen in Chrome.
    I’m not sure if this is a format issue or something to do with internet browser compatibility but I thought I’d post to let you know.

    The design look great though! Hope you get the
    issue resolved soon. Many thanks

    My blog post … situs slot gacor bank jago

  182. Awesome website you have here but I was wondering
    if you knew of any discussion boards that cover the same topics talked about
    here? I’d really like to be a part of group where I can get responses from
    other knowledgeable people that share the same interest.
    If you have any recommendations, please let me know.
    Kudos!

    My web page slot online bank jago

  185. I blog quite often and I truly thank you for your content.
    This great article has truly peaked my interest. I’m going to
    book mark your website and keep checking for new details about once a week.
    I opted in for your RSS feed too.

    My webpage … slot deposit bank jago

  187. Fantastic goods from you, man. I’ve understand your stuff previous to and you’re just
    too magnificent. I really like what you’ve acquired here, really like what you’re stating and
    the way in which you say it. You make it entertaining and you still care for to keep it smart.

    I can not wait to read far more from you. This is actually a terrific website.

    Visit my website … madu sumbawa

  189. Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog
    that automatically tweet my newest twitter updates.

    I’ve been looking for a plug-in like this for quite some time
    and was hoping maybe you would have some experience with something like this.
    Please let me know if you run into anything. I truly enjoy reading your
    blog and I look forward to your new updates.

    Here is my web-site – slot demo joker

  192. I know this if off topic but I’m looking into starting my own blog and was curious what all is required to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet savvy so I’m not 100 positive. Any recommendations or advice would be greatly appreciated. Kudos

    https://proxiesbuy.com/proxy-tag/200-elite-proxies/

LEAVE A REPLY

Please enter your comment!
Please enter your name here

© Copyright -2020 Law and Society Magazine
Exit mobile version