A Federal High Court in Abuja has rejected video and documentary evidence sought to be admitted by the federal government in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
The prosecution, through its third witness, a Department of State Services (DSS) operative, had attempted to tender what it described as confessional statements made by Kanu.
Kanu, through his counsel Paul Erokoro, objected to the admissibility of the evidence, arguing that the statements were obtained under duress. On Wednesday, the court ordered a trial-within-a-trial to determine whether the statements were made voluntarily.
In his ruling, Justice James Omotosho held that although Kanu failed to demonstrate that his statements were coerced and the video evidence did not show signs of intimidation, the absence of legal counsel during the interrogations rendered the statements inadmissible.
“The statements are inadmissible in light of this omission by the prosecution,” the judge ruled. “The objection of the defendant’s counsel is upheld. The statements of October 23, 2015, and November 2015, earlier admitted in evidence, are rejected.”
Omotosho emphasized that the presence of a lawyer during the extraction of extrajudicial statements is a constitutional requirement. “Security agencies must comply with the relevant laws which mandate the presence of a defendant’s lawyer,” he said, adding that the requirement is “tied to the fundamental right” of every Nigerian.
Following the ruling, the prosecution resumed its case with the same DSS officer, identified as CCC, who introduced a new piece of evidence, a video disc titled “Interview with Sahara TV.” The court admitted the disc into evidence and it was subsequently played in open court.
In the video, Kanu was seen and heard referring to Nigeria as a “zoo” and making inflammatory remarks against several prominent Igbo figures. He accused former Foreign Affairs Minister Ike Nwachukwu of killing Igbos and claimed former Anambra State Governor Jim Nwobodo betrayed Alex Ekwueme. He also alleged that Labour Party presidential candidate Peter Obi was involved in extrajudicial killings and claimed former Imo Governor Rochas Okorocha was responsible for Islamising the state.
Kanu further stated in the video that if Biafra was not granted, “there will be nothing living in the zoo; nothing will survive there.” He added, “I do not see Biafra happening peacefully. There is no freedom out of a peaceful process.” He expressed support for the 2016 attack on the Enugu Government House, saying he endorsed any action that could bring down what he described as a corrupt establishment.
Under cross-examination by Erokoro, the DSS witness admitted he did not investigate the veracity of Kanu’s claims against the individuals named. He stated that his role was limited to verifying whether Kanu had made the statements, which the defendant reportedly confirmed.
The court adjourned the trial to continue on June 13, 16, 17, 18, and 19.
Meanwhile, Justice Omotosho ordered Favour Kanu, the sister-in-law of the defendant, barred from future court proceedings. This followed her admission to live-streaming the session on social media despite multiple warnings from the court. The judge ordered her to leave the courtroom and declared she must not return unless she is involved in a separate case.
Omotosho issued a stern warning, stating that any further acts of contempt would result in offenders being remanded in Kuje prison.
