A Federal High Court sitting in Abuja has struck out key pieces of evidence presented by the federal government in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), citing violations of his right to legal counsel during interrogation.
The prosecution had attempted to tender video and documentary evidence, including alleged confessional statements made by Kanu while in the custody of the Department of State Services (DSS). These materials were brought forward by the prosecution’s third witness, a DSS operative, who testified in court on Thursday.
However, Kanu’s legal team, led by Senior Advocate of Nigeria, Paul Erokoro, strongly objected to the admissibility of the evidence. Erokoro argued that the statements in question were obtained under duress and in the absence of legal representation conditions that undermine their credibility and legality.
Trial-Within-Trial: Court Weighs Voluntariness of Statements
In response to the objection, Justice James Omotosho ordered a trial-within-a-trial to assess whether the statements were made voluntarily.
After examining the circumstances under which the statements were extracted, the court found no visible signs of physical coercion in the video. However, the judge ruled that the absence of legal counsel during Kanu's interrogation constituted a violation of his constitutional rights, citing precedents from the Supreme Court.
“The presence of a lawyer during the taking of any extrajudicial statement is not optional it is a constitutional safeguard,” Justice Omotosho declared. “The defendant had repeatedly raised concerns about being interrogated without access to his lawyer, and the court cannot ignore this.”
Consequently, the judge ruled the statements made by Kanu in October and November 2015 inadmissible. These had previously been accepted into evidence but were now formally rejected due to the breach of legal protocol.
Controversial Sahara TV Interview Played in Court
Despite the setback for the prosecution, the trial continued with the DSS officer presenting a disc titled “Interview with Sahara TV,” containing footage of Kanu speaking on various national issues. This video was admitted into evidence and played in open court.
In the recording, Kanu made a series of provocative and inflammatory remarks, including:
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Referring to Nigeria as a “zoo.”
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Alleging that Ike Nwachukwu, a former minister, was responsible for the killing of Igbos.
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Accusing former Anambra Governor Jim Nwobodo of betraying Alex Ekwueme, Nigeria’s first civilian vice president.
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Claiming that Peter Obi, Labour Party’s 2023 presidential candidate, killed Igbos and dumped their bodies in a river.
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Alleging that former Imo State Governor Rochas Okorocha singlehandedly Islamized the state.
Kanu also issued veiled threats, warning that if Biafra was not granted independence, the consequences for Nigeria would be devastating.
“If they do not give us Biafra, there will be nothing living in the zoo. Nothing will survive,” Kanu said, comparing the potential fallout to the Somali civil war.
Cross-Examination and Witness Testimony
Under cross-examination by Kanu’s counsel, the DSS officer acknowledged that he did not verify the truthfulness of the allegations made by Kanu in the interview. The witness clarified that his role was to authenticate the source of the video and confirm that Kanu had indeed granted the interview.
He also stated he was unaware if Kanu had ever retracted or clarified any of the statements made in the interview.
Next Steps in the Trial
Justice Omotosho adjourned the proceedings until June 13, 16, 17, 18, and 19 for the continuation of the trial.
This latest development marks a significant legal victory for Kanu’s defence team, reinforcing constitutional protections around due process and the right to counsel. However, the court also allowed damaging video evidence into the record, suggesting the prosecution may continue to pursue its case on alternative grounds.
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