A Federal High Court in Abuja, on Thursday, rejected evidence the Federal Government sought to tender in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
Justice James Omotosho, in his ruling, agreed with the defense counsel, Paul Erokoro, SAN, that the Supreme Court has mandated the presence of a suspect’s lawyer when extra-judicial statements are being taken.
Justice Omotosho acknowledged that while a provision of the Administration of Criminal Justice Act (ACJA) 2015 uses the word “May” regarding a lawyer’s presence during statement-taking, he could not disregard the apex court’s definitive ruling on the matter.
The judge had earlier paused the proceedings to deliver his ruling on the admissibility of the evidence, following arguments from both the Federal Government’s counsel, Suraj Saida, SAN, and Kanu’s lawyer, Paul Erokoro, SAN.
After a “trial-within-trial” to determine the voluntariness of Kanu’s statements, Justice Omotosho held that although the video recordings showed Kanu appearing relaxed during interviews with State Security Service (SSS) operatives, and the content matched his statements, the court could not ignore Kanu’s repeated assertions in the video that his statements were taken without his lawyers present.
Justice Omotosho emphasized that relevant laws, particularly Section 17(2) of the ACJA, state that a defendant’s statements “may” be taken in the presence of a legal practitioner or a Legal Aid Council official if counsel is absent.
However, he stressed that the Supreme Court has consistently ruled that the presence of a lawyer during a defendant’s confessional statements is “mandatory.”
He asserted that security agencies must comply with these laws, as they are “tied to the fundamental right” of every Nigerian.
Given the gravity of the charge against Kanu, Justice Omotosho stated that a video recording must show the suspect’s lawyer was present to be admissible in a criminal trial.
Consequently, he declared, “The statements are inadmissible in light of this omission by the prosecution.”
The 2015 statements obtained from Kanu were deemed inadmissible due to the absence of his lawyers.
The judge then expunged the video evidence and statements obtained from Nnamdi Kanu on these grounds. “The objection of the defendant’s counsel is upheld.
The statements of October 23, 2015, and November 2015, earlier admitted in evidence, are rejected,” the judge ruled.
He also formally expunged from the court’s record the video recordings of the interview/statement writing sessions from October 2015, which had been admitted as Exhibits PWQ and PWR during Wednesday’s proceedings.
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On Wednesday, Justice Omotosho had ordered a trial-within-trial after Kanu rejected the extra-judicial statements, alleging they were made under duress.
Kanu claimed that SSS officials denied him access to his lawyer, threatened to deny him bail, and withheld his daily one-hour fresh air privilege, citing health issues.
He specifically named an SSS investigator, Brown Ukuaba, an Assistant Director of Investigation, as making threats.
Kanu also alleged that interrogators coerced him to make statements about former President Jonathan and former Governor Rochas Okorocha of Imo State that were not his words, and that he was held in an underground, solitary cell.
He further claimed the video recordings played in court were edited.
The Federal Government’s witness, an SSS operative, however, denied these allegations, insisting that Kanu was not coerced and that all his complaints were addressed.
The witness refuted claims of solitary confinement or ill-treatment, stating Kanu received preferential treatment and was served bottled water during interviews.
The witness expressed surprise at Kanu’s allegations and denied that anyone asked him to speak about Jonathan and Okorocha, maintaining that Kanu “spoke voluntarily and truthfully in the interviews.”
Justice Omotosho then ordered the trial-within-trial to ascertain the voluntariness of Kanu’s statements, which ultimately led to Thursday’s ruling.
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