Thursday 22 June 2023
The Appellant appeals the Order of Swift J of 23 March 2023 by which he dismissed the Appellant’s substantive oral judicial review hearing.
The claim concerns a British citizen, the Leader of the Indigenous People of Biafra (“IPOB”). He was abducted by Nigerian security services in Kenya on 19 June 2021, held incommunicado and tortured over several days in Kenya, and then without any access to due process or a court of law, forcibly removed across the border on a secret flight to Nigeria, where he was charged with criminal offences which carry the death penalty. He has been held, ever since, in the custody of the Nigerian Department of State Services (“DSS”), in long-term solitary confinement.
The underlying decision challenged is the Respondent’s refusal to reach “a firm, concluded view” as to whether he was subject to extraordinary rendition by the Nigerian authorities contrary to international law.