Fact Check: Kenya has not demanded Nigeria return separatist leader
Kenya's foreign ministry has dismissed reports circulating widely on social media that it has filed a lawsuit against the Nigerian government demanding the "return" of Biafran separatist leader Nnamdi Kanu.
Kanu, a British citizen and separatist leader of the outlawed Indigenous People of Biafra (IPOB) movement in Nigeria, was arrested there in 2015, but went missing while on bail in 2017.
He was detained in Kenya in 2021 and appeared back in court in Nigeria later that year, charged with seven counts of terrorism - charges he denies in his ongoing trial. His lawyer has accused Kenyan special forces of abducting Kanu, which Kenya has denied.
In May, posts published, opens new tab on Facebook alongside two images – one of Kenyan President William Ruto and the other of Kanu – said: "Breaking News: Kenya Threatens Nigeria with ICC Action Over Abduction of Nnamdi Kanu".
The posts said the Kenyan government had filed a lawsuit against the Nigerian government "demanding the immediate return of Nnamdi Kanu to Kenya".
The posts also cited an unnamed Kenyan government spokesperson as saying Nigerian agents had infiltrated Kenya to "abduct" Kanu, in what they described as "an act of aggression that could be interpreted as a declaration of war".
Korir Sing'oei, the principal secretary of Kenya's Ministry of Foreign and Diaspora Affairs, told Reuters that Kenya had not filed any proceedings in any court on the issue.
"No such statement has been issued by Kenya," he said in a message. "The matter is outside the remit of the ICC in any event."
Kanu's lawyer, Aloy Ejimakor, told Reuters he was "not aware of any such legal proceedings filed by Kenya".
The ICC prosecutes individuals allegedly responsible for war crimes, crimes against humanity and genocide.
A spokesperson for the ICC told Reuters in an email that it "only deals with questions of individual responsibility and not States". No Nigerian national is listed as a defendant in any of the ICC's 33 cases published on its website, opens new tab.
The International Court of Justice (ICJ) is the only international court with the remit to settle disputes between the UN's 193 Member States, which includes both Kenya and Nigeria.
A representative for the ICJ told Reuters in an email that there is currently no case on the court's docket instituted by Kenya against Nigeria
A spokesperson for Nigeria's foreign ministry did not respond to Reuters' request for comment.
False. The Principal Secretary of Kenya's Foreign Ministry said the government has not filed any proceedings demanding Kanu be transferred to the country. An ICC spokesperson said it only deals with individuals, not states.
This article was produced by the Reuters Fact Check team. Read more about our fact-checking work.
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The Independent
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