The Federal High Court, Abuja, has admitted the medical report and death certificate of former presidential aide, Ahmed Gulak, as evidence in the ongoing trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB).
Kanu is facing terrorism-related charges before the court.
Justice James Omotoso admitted the documents after the prosecution tendered them through a witness identified as BBB.
Defence Counsel, Chief Kanu Agabi (SAN) did not object to it.
The Prosecution, led by Adegboyega Awomolo (SAN), tendered the documents, which included a police report from Owerri, Imo State, linking Gulak’s death to gunmen suspected to be members of IPOB.
During cross-examination, Agabi challenged the credibility and completeness of the video statement obtained from Kanu during DSS custody, stating that only the defendant and his team were visible in the footage.
The witness responded, “That is the procedure,” affirming it was the whole recording. When pressed further, he could not recall whether he wore a mask during the interview.
Agabi raised concerns over Kanu‘s prolonged detention and alleged solitary confinement.
The witness, however, maintained that he was merely an investigator and not responsible for Kanu’s custody or welfare, saying, “Solitary confinement is not a practice of the DSS. I am not his handler. „
The defence further questioned the legality of the prolonged detention, claiming it constituted „cruel and inhuman treatment.“ Still, the witness insisted he was unaware of Kanu’s psychological state and said it was not part of his investigative duty.
Under further scrutiny, the witness said he was not involved in drafting the charges and could not confirm the dates of various charges or the extent to which they were amended against the defendant.
Agabi asserted that the charges were „speculative,“ to which the witness reiterated he is merely focused on the investigation and not privy to matters relating to litigation.
The proceedings deadlocked after the lead counsel for the defendant informed the Court that he had yet to receive documents they had applied to get from the police to help their case. Agabi, therefore, sought an adjournment, which Awomolo objected to.
Citing prior court orders on accelerated hearing, the prosecutor said the defence is deliberately playing to slow down the pace of the trial. Awomolo told the court he was not aware of any application for documents.
He prayed the Court to order the defence to continue cross-examining the prosecution‘s witness, noting that five other witnesses were waiting to give their testimonies. He said the case had gone on for ten years due to the needless applications by the defence team.
In his intervention, Justice James Omotosho stated that though the practice direction provides for day-to-day trial in matters of this magnitude, in the interest of justice, he will grant the defence request for a short adjournment to enable them to obtain the required documents.
Before adjourning, the judge sought clarification over claims that the Department of State Services (DSS) barred Kanu’s lawyers from accessing him. Agabi dismissed such a claim, noting that he went to the DSS facility much earlier than 2pm, when he was supposed to be there.
Justice Omotosho faulted Aloy Ejimakor, a defence team member, who made a social media post alleging that DSS had prevented them from accessing their client in custody.
While Kanu Agabi (SAN) denied being denied access, the court expressed concern over a conflicting social media post by one of Kanu’s lawyers, Aloy Ejimakor.
The judge subsequently cautioned Ejimakor against unprofessional conduct and urged all counsel to verify information before publishing it, particularly on social media.
Meanwhile, the court adjourned the trial to 21 May at the instance of the defence counsel.
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