IGBOZURUOKE MEDIA

Human rights lawyer, Patrick Agazie, has said that the extraordinary rendition of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, from Kenya in June 2021 was an “infamous act” by the former Attorney-General of the Federation (AGF), Abubakar Malami.

Agazie who said this in a statement released on Friday, called for Malami’s immediate disbarment and the withdrawal of his Senior Advocate of Nigeria (SAN) title.

The recent ruling by the High Court of Kenya declaring the abduction and extraordinary rendition of Kanu as unconstitutional has reignited debate on Nigeria’s adherence to the rule of law and international norms.

Delivered on June 24, 2025, the landmark verdict by Justice E.C. Mwita held both the Kenyan and Nigerian governments culpable in the unlawful detention and forced transfer of Kanu in 2021, explicitly implicating Malami.

In Case No. HCCHRPET/E359/2021 Kingsley Kanu v. Attorney General of Kenya, the Kenyan High Court ruled that Kanu, a Nigerian-British citizen who lawfully entered Kenya, was abducted, held in solitary confinement, tortured, and denied medical care. 

The court held that Kanu was then forcibly transferred to Nigeria without any extradition hearing or judicial warrant.

The court awarded Kanu 10 million Kenyan shillings (approximately N120 million) in damages, finding the Government of Kenya liable for breaching its own constitution and international law.

The ruling explicitly referenced the involvement of senior Nigerian officials, including Malami, who served as Attorney General from 2015 to 2023. 

Agazie drew stark parallels between Kanu’s abduction and the infamous 1984 kidnapping attempt of former Transport Minister Umaru Dikko, then living in exile in London. 

Dikko was reportedly drugged and stuffed into a crate intended to be shipped back to Nigeria in a diplomatic cargo, but the plan was foiled by British customs agents.

“Both cases highlight a disturbing design and pattern of disregard for due process and international legal standards, with Malami’s actions in the Kanu case marking a new low in Nigeria’s legal history,” Agazie said.

While the Dikko operation was thwarted, Kanu’s rendition was successful, leading to his prolonged detention and trial in Nigeria under what many observers say are questionable legal circumstances.

Agazie noted, “Malami’s role in Kanu’s rendition as a betrayal of legal duty: noteworthy is the fact that “Extraordinary Rendition” was, for the first time, brought into Nigerian jurisprudence by Aloy Ejimakor, who was the first person to use the phrase to correct the widespread narrative that Nnamdi Kanu was lawfully extradited.”

Agazie maintained that the operation spearheaded by Malami violated numerous Nigerian laws and international treaties, including the Nigerian Constitution, the Anti-Torture Act (2017), and the Terrorism (Prevention and Prohibition) Act (2022).

“As Nigeria’s chief legal officer, Abubakar Malami was responsible for ensuring the government’s actions complied with domestic and international law. 

“Instead, he allegedly masterminded an operation that mirrored the lawlessness of the Dikko abduction.”

Agazie stated Malami’s actions contravene the Rules of Professional Conduct for Legal Practitioners in Nigeria, which mandate lawyers to uphold the rule of law, promote justice, and avoid conduct that discredits the profession. 

“His role in orchestrating an illegal rendition, involving torture and human rights abuses, is a direct betrayal of these principles,” he said.

He further noted that as a Senior Advocate of Nigeria, Malami is held to a higher standard of integrity and competence. 

But “His involvement in an operation condemned by a competent court as unlawful brings disrepute to the SAN rank and the Nigerian legal profession.”

According to him, Malami’s actions made Kanu’s extraordinary rendition more egregious, considering that he had a professional and constitutional duty to uphold the law, not to orchestrate its violation. 

“The recurrence of such tactics four decades after the Dikko incident suggests a persistent culture of impunity within Nigeria’s governance, with Malami’s conduct marking a continuation of this troubling legacy,” he said.

Pointing out the grounds for debarment and stripping of Malami’s SAN title, Agazie referred to the Legal Practitioners Act and the Rules of Professional Conduct, which according to him, provide clear grounds for disciplining a lawyer for professional misconduct.

“Malami’s actions in the Kanu rendition meet several criteria for debarment and the withdrawal of his SAN rank,” he said.

He further stated, “Violation of the Rule of Law: By spearheading an operation that bypassed extradition laws and judicial oversight, Malami undermined the rule of law, a core tenet of the legal profession. 

“The Kenyan court’s ruling confirms the illegality of the rendition, rendering Malami’s actions incompatible with his role as a lawyer.

“Complicity in Human Rights Abuses: The court found that Kanu was tortured and detained incommunicado, violations of Nigeria’s Anti-Torture Act and international human rights law. 

“Malami’s involvement in these acts constitutes a breach of his ethical duty to protect fundamental rights.

“Conduct Unbecoming of a Senior Advocate: The SAN rank is a mark of distinction reserved for lawyers of impeccable integrity. 

“Malami’s orchestration of an operation likened to “international terrorism” by IPOB and condemned by a foreign court tarnishes this honor and brings disrepute to the profession.

“International Embarrassment: Like the Dikko case, Kanu’s rendition has damaged Nigeria’s global reputation, exposing the country to accusations of treaty violations and state-sponsored criminality. 

“Malami’s actions have undermined public trust in Nigeria’s legal system and its commitment to international norms.”

Agazie stressed that the Legal Practitioners Disciplinary Committee (LPDC) has the authority to disbar lawyers for such misconduct, while the Legal PractitionersPrivileges Committee (LPPC) can revoke the SAN rank for conduct that undermines professional integrity. 

“Both bodies must investigate Malami’s role in the Kanu rendition,” he said.

He further called for accountability, learning from history, saying, “The Umaru Dikko case serves as a cautionary tale of the consequences of state-sponsored lawlessness.” 

He noted that while the perpetrators of the operation faced limited accountability due to the military context, Nigeria’s current democratic framework demands higher standards. 

He said, “Malami’s debarment and the stripping of his SAN rank would signal that no one, regardless of position, is above the law. 

“It would also address the international outcry over Kanu’s rendition and demonstrate Nigeria’s commitment to rectifying past wrongs.”

He said the Kenyan court judgment has raised questions about the legitimacy of Kanu’s ongoing trial in Nigeria, as a prosecution founded on an illegal rendition may violate Section 3 of the Terrorism (Prevention and Prohibition) Act 2022, which prohibits unlawful detentions. 

“The Kenyan High Court’s condemnation of Mazi Nnamdi Kanu’s extraordinary rendition, coupled with the historical precedent of the Umaru Dikko abduction, exposes a disturbing pattern of Nigerian government-sanctioned lawlessness,” he said.

He maintained, “Former Attorney General Abubakar Malami’s alleged orchestration of Kanu’s illegal abduction, torture, and transfer violates the ethical and legal obligations of a lawyer, tarnishes the SAN rank, and undermines Nigeria’s commitment to the rule of law. 

“The Nigerian Bar Association and relevant disciplinary bodies must act swiftly to investigate Malami’s conduct, debar him from legal practice, and strip him of his SAN title. 

“Only through such measures can Nigeria break the cycle of impunity, restore public trust in the legal profession, and reaffirm its adherence to international legal standards.”

Sahara Reporters