A Department of State Services (DSS) operative, identified as BBB, told the Federal High Court in Abuja on Wednesday, May 21, that the agency had no role in the arrest of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), in Kenya.
“We are confined to Nigeria. We did not arrest Kanu in Kenya,” BBB said during cross-examination by Kanu’s lawyer, Paul Erokoro, SAN. “DSS did not kidnap Kanu in Kenya.”
Testifying as the second prosecution witness before Justice James Omotosho, the DSS officer stated that the service deals strictly with internal security and does not conduct foreign operations. “We are not involved in foreign missions. The DSS operates within Nigeria,” he added.
On whether Radio Biafra was still operational, BBB said he was unsure but confirmed, “Kanu told us he is the founder of Radio Biafra.”
He emphasized that the DSS operates under the Office of the National Security Adviser and not under political influence. “We are not supervised by politicians or the Attorney General. The DSS can receive letters from government offices like the AGF, but we carry out our investigations independently,” he said. “Our code of conduct requires us to always be neutral and objective.”
When asked whether he personally participated in Kanu’s alleged arrest in Kenya, BBB responded, “No, I was not part of any such operation.”
Erokoro questioned the legality of Kanu’s arrest, referencing previous court rulings. “Are you aware that several courts have held that Kanu’s arrest and detention were unlawful?” he asked. The witness replied, “I read it online and in the newspapers.”
The defence tendered three judgments, which were subsequently admitted into evidence. These include a January 19, 2022 ruling from the Abia State High Court, and two rulings delivered on October 26, 2022, and October 26, 2023, by Federal and State High Courts in Umuahia and Enugu respectively, all of which condemned Kanu’s arrest and the military invasion of his home.
On the broader issue of dissent and national identity, BBB stated, “Biafra has never been a recognised entity in Nigeria.” He acknowledged that “there’s nothing wrong with people calling for change through peaceful means,” but claimed that Kanu had “resorted to calling for violence and killings in his broadcasts.”
When asked whether Kanu’s call to his followers to defend themselves from armed attacks was a form of self-defence, BBB countered, “I’m not aware of any law in Nigeria that allows anybody to kill a fellow human being.”
The witness said he was unaware of Kanu instructing Simon Ekpa to cease his activities and also said he had not heard of the DSS Director General calling for Nigerians to engage in self-defence.
He admitted awareness of a public statement by former Defence Minister General Theophilus Danjuma, who had once claimed that security personnel were not neutral in the nation’s security crisis.
Midway through cross-examination, Erokoro sought an adjournment to play video evidence. Awomolo objected, noting, “The court already allocated May 21 and 22 to allow the defence complete the cross-examination. Why the sudden change?”
Erokoro responded, “The videos are not available in court at the moment. That’s why we need an adjournment.”
Justice Omotosho, while granting the adjournment, warned, “The defence must conclude on May 22. If not, the court will deem the cross-examination closed.”
Earlier, both lead counsel, Kanu Agabi, SAN, and prosecuting counsel Adegboyega Awomolo, SAN, raised concerns about the conduct of a defence team member allegedly misrepresenting court proceedings on social media. “I got a letter from the prosecution expressing concern about what is being posted online,” Agabi said. “I will apologise to the court, even though I know nothing about the posts.”
Awomolo confirmed he wrote a complaint dated May 14, stating, “The case is sensitive. It is not fair to manipulate what happened in court in the public domain.”
He handed his phone to Agabi to show one of the alleged posts. Agabi acknowledged seeing a similar misrepresentation online.
Justice Omotosho cautioned, “This does not help either side. It only delays proceedings. Most of these things are gross misconduct on which you could be disbarred. I don’t want to mention any name. The person knows himself. Let us act well.”
