During his trial on Tuesday, a witness for the prosecution, identified as BBB and working for the State Security Service (SSS), testified that Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), admitted during interrogation to inciting the public to attack police officers.
BBB, the second prosecution witness (PW-2), gave his testimony behind a screen in the Federal High Court in Abuja, before Justice James Omotosho, under questioning from the Federal Government’s lawyer, Chief Adegboyega Awomolo, SAN.
The witness stated that in addition to leading IPOB, Kanu founded its armed wing, the Eastern Security Network (ESN), and operated an unlicensed radio station, Radio Biafra, broadcasting on 102.1 FM and 88.0 FM, without authorization from the National Broadcasting Commission (NBC).
BBB recounted that he first encountered Kanu on July 17, 2021, when tasked with taking his statement following a request from the Attorney General of the Federation (AGF) to investigate Kanu for alleged terrorism.
He said he presented the AGF’s letter to Kanu, who read it and shared it with his lawyers before being asked to respond to the issues raised.
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According to the witness, Kanu voluntarily made a statement in the presence of two of his lawyers, including Alloy Ejimakor.
BBB testified that he played recordings of Kanu’s broadcasts on Radio Biafra, which included calls for attacks on police officers and other inflammatory remarks, and that Kanu acknowledged these broadcasts as his own.
BBB further stated that Kanu’s agitation was for the secession of the five South East states, along with parts of Kogi and Benue, from Nigeria, and that the statement-taking session was video-recorded.
When the prosecution attempted to submit the AGF’s letter and the video recording as evidence, the defense lawyer, Chief Kanu Agabi, SAN, objected, arguing that these materials were not included in the proof of evidence previously provided to them, which is a violation of the defendant’s right to be furnished with all documents intended for use in the prosecution.
Agabi requested an adjournment to allow the prosecution to provide these documents.
While Awomolo argued that the non-service of these documents should not halt the proceedings, Agabi countered that they would require time to review the documents and consult with Kanu if they were served.
Awomolo, acknowledging he recently took on the case, conceded that the non-service might have been an oversight and offered to provide all necessary documents. He also agreed to an adjournment.
Justice Omotosho ruled that the defense was entitled to all documents the prosecution intended to use and ordered the prosecution to serve all relevant materials on the defendant, in line with Section 36 of the Constitution.
The matter was adjourned until May 7 for the prosecution to serve the documents and for PW-2 to continue his testimony.
Earlier, the first prosecution witness (PW1), also an SSS operative identified as AAA, concluded his testimony after cross-examination by Agabi and re-examination by Awomolo.
During cross-examination, AAA admitted to being consulted before the charges were filed but was unaware that some terrorism charges against Kanu had been struck out in a previous ruling.
At the beginning of the proceedings, Justice Omotosho addressed concerns about the number of lawyers representing both sides, limiting the defense to 16 out of 29 listed counsel due to the courtroom’s size.
The judge also addressed an issue of legal representation confusion and barred Mrs. Favour Kanu, the wife of Kanu’s younger brother, from three proceedings for recording and posting a live video of the court proceedings despite a previous warning and confiscation of her phone.
Chief Agabi apologized on her behalf and requested forgiveness, but the judge maintained the barring order.
Justice Omotosho cautioned against any actions that could delay the trial and assured all parties that justice would be served.
Kanu identified Chief Agabi as his legal representative in court, resolving the representation issue.
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