A federal high court in Abuja has dismissed the evidence the federal government attempted to present in the ongoing trial of Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
The government, through its third witness, a Department of State Services (DSS) officer, tried to introduce video and documentary materials, which included the alleged confessions of the defendant.
But Kanu’s lawyer, Paul Erokoro, challenged the admissibility of the materials, arguing that the statements were obtained through coercion.
On Wednesday, the court had ordered a trial-within-a-trial to determine whether the statements were made voluntarily or under pressure.
Delivering his decision on Thursday, the presiding judge, James Omotosho, stated that although Kanu did not prove that the statements were made under duress and the video showed no coercion, the court could not ignore Kanu’s repeated claims of being questioned without his lawyer present.
He noted that the supreme court had previously held that a lawyer must be present when a suspect is giving an extrajudicial statement.
The judge emphasized that security agencies are required to follow the law, which mandates a lawyer’s presence for the defendant, as this is tied to every Nigerian’s fundamental rights.
Omotosho ruled that due to this failure by the prosecution, the statements could not be accepted as evidence.
He said the objection raised by the defense was valid, and the statements dated October 23, 2015, and November 2015, which had earlier been admitted, were now rejected.
FG TENDERS FRESH EVIDENCE
Following the ruling, the third prosecution witness returned to continue giving his main testimony.
The witness, CCC, identified a compact disc titled “Interview with Sahara TV” while being questioned by the prosecuting counsel, Suraj Saida.
The court accepted the disc as evidence and it was subsequently played.
In the footage, Kanu was seen describing Nigeria as a “zoo,” making accusations against several prominent Igbo personalities and threatening retribution.
He alleged that Ike Nwachukwu, a former foreign affairs minister, was responsible for the deaths of Igbos.
He also claimed that Jim Nwobodo, a former governor of Anambra, betrayed Alex Ekweme, another Igbo leader.
Kanu went on to accuse Peter Obi, the Labour Party’s 2023 presidential candidate, of murdering Igbos and disposing of their bodies in a river.
The IPOB leader further alleged that Rochas Okorocha, ex-governor of Imo, had Islamised the state by himself.
The video also captured Kanu making threats of violence if the goal of Biafra independence was not achieved.
He said that if Biafra wasn’t granted, the devastation in Nigeria, which he again referred to as a zoo, would surpass that of Somalia.
“If they do not give us Biafra, there will be nothing living in the zoo; nothing will survive there,” he said in the clip.
“I do not see Biafra happening peacefully. There is no freedom out of a peaceful process.”
Kanu expressed support for the attack on Enugu state’s government house, stating he would back any action aimed at toppling the current corrupt system.
During cross-examination by Erokoro, the witness admitted that he did not verify the truth of the allegations Kanu made against the listed Igbo figures.
He said his job was simply to confirm whether Kanu gave the interview, which the defendant acknowledged.
The witness also said he had no knowledge of whether Kanu had later withdrawn any of the statements made in the video.
The judge postponed the trial to continue on June 13, 16, 17, 18, and 19.
KANU’S SISTER-IN-LAW BARRED FROM TRIAL
The judge also ruled that Favour Kanu, the sister-in-law of the defendant, is prohibited from attending any future court sessions.
He asked her if she was the person responsible for unlawfully livestreaming the proceedings on social media, and she admitted she was.
Despite having been warned three times to stop, Omotosho ordered her out of the courtroom and said she must not return unless she had a case to attend.
He warned that from now on, those who violate court rules would be sent to Kuje prison for contempt.
