A Federal High Court sitting in Abuja has turned down key pieces of evidence presented by the federal government in the ongoing trial of Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB).
Naturenex reported that the federal government had sought to tender video recordings and documentary materials, which allegedly contained confessional statements made by Kanu while he was in custody.
During Wednesday’s proceedings, the prosecution’s third witness, an operative of the Department of State Services (DSS), attempted to present the materials in court. However, Kanu’s defence team, led by Paul Erokoro, objected, insisting the statements had been extracted under duress.
Following this objection, the court ordered a trial-within-a-trial to determine the admissibility of the statements and whether they were made voluntarily. On Thursday, Justice James Omotosho delivered his ruling on the matter.
Although the judge noted that Kanu could not conclusively prove that his statements were made involuntarily, and that the recorded video didn’t reveal signs of coercion, the court ruled in favour of the defence on a crucial technicality. Justice Omotosho emphasised that Kanu had consistently complained of being interrogated without a lawyer present.
Citing a prior decision by the Supreme Court, the judge stressed that a suspect must have legal representation during the taking of any extrajudicial statement. He described this requirement as a fundamental right enshrined for every Nigerian.
Consequently, Justice Omotosho declared the statements inadmissible, sustaining the defence’s objection and nullifying the confessions dated October 23, 2015, and November 2015, which had earlier been accepted as evidence.
After this decision, the prosecution’s witness, identified in court as PW-3, resumed his testimony. He presented a disc titled “Interview with Sahara TV,” which contained a video recording of Kanu. This particular piece of evidence was admitted by the court and played during the session.
In the footage, Kanu made a number of incendiary remarks. He described Nigeria as a “zoo” and issued serious allegations against some prominent Igbo leaders. Among those mentioned was former minister Ike Nwachukwu, whom Kanu accused of killing Igbos.
He also leveled accusations at ex-Anambra State governor, Jim Nwobodo, claiming he betrayed Alex Ekwueme, and at Labour Party’s 2023 presidential candidate, Peter Obi, whom he accused of “killing Igbos and dumping their bodies in a river.” Additionally, Kanu alleged that former Imo State governor Rochas Okorocha “single-handedly Islamized” the state.
Kanu further issued threatening statements, warning of dire consequences if the Biafran cause wasn’t achieved. He declared, “If they do not give us Biafra, there will be nothing living in the zoo; nothing will survive there.”
During cross-examination, Kanu’s lawyer, Paul Erokoro, questioned the DSS witness about the validity of these claims. The witness admitted that he did not investigate whether the allegations made by Kanu against the Igbo figures were true. He explained that his assignment was solely to confirm that Kanu indeed granted the interview featured in the video — which Kanu acknowledged during the recording.
When asked if he was aware of whether Kanu had retracted his statements in subsequent interviews or videos, the witness said he had no such information.
After concluding the day’s proceedings, Justice Omotosho adjourned the case to continue on June 13, 16, 17, 18, and 19.