Justice James Omotosho of the Federal High Court in Abuja has admitted three videos in the trial of Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, as evidence, including one, where he is seen inspecting a radio transmitter allegedly smuggled into the country.
During the trial, Kanu alleged that he made statements to the DSS under duress, sometime in October and November 2015.
The Radio Biafra transmitter known as “Tram 50L” was kept at Ubuluisiuzor in Ihiala local government area of Anambra State, where he carried out an inspection.
The third prosecution witness, an operative of the Department of State Services known as Mr CCC, dismissed claims that DSS used threats of solitary confinement to extract statements from the defendant during the trial-within-trial.
The defendant had claimed that one Mr Brown, a DSS operative, made the threat about solitary confinement in the ‘dungeon.’ However, the witness clarified that the names of the officers who took part in the interview were James, Ibrahim, and Collins.
Mr CCC stated that Kanu was given presidential treatment and expressed shock at the allegations of using any form of force to get him to make certain statements.
He allegedly made these statements when he granted an interview to a US-based online medium known as Sahara Reporters. During the same interview, according to the witness, Kanu used the term ‘Zoo’ to refer to Nigeria.
The contentious items are three written statements made by Kanu at the DSS Headquarters on October 23rd, 24th, and November 4th, 2015. These statements and a video recording of his oral statements of October 21st and 23rd, 2015, were also tendered.
Justice James Omotosho took the path of a trial within a trial to clarify the admissibility or otherwise of the statements the defendant claims were made under duress.
In a ruling, the judge said, ‘It is law that whenever an issue of involuntariness is raised, the Evidence Act and the law” require that an order for trial within trial be made to determine whether a statement was taken under duress or otherwise. He added that establishing duress will, therefore, make the statement in contention inadmissible.
Justice Omotosho further informed parties in the case that at the end of the trial within trial, the court will also rule on how the absence of the defendant’s lawyers affects the case of the defendant.
The prosecution played three pieces of footage in court to prove that Nnamdi Kanu made his statements voluntarily. The Biafra nation agitator admitted to being the founder and director of Radio Biafra.
In one of the clips, Kanu claims that the Biafra cause enjoys funding worldwide from all those who believe in the ideals of the secessionist agenda. He claims the group has representatives in over 80 countries.
At some point during the trial, Nnamdi Kanu took the witness stand to give evidence in his case.
The defendant claimed, in his testimony, that he was struck by a DSS operative when he was picked up in Lagos in 2015. But the same operative later apologised on their way to the airport en route to Abuja.
Meanwhile, Justice James Omotosho has adjourned the matter until Thursday, May 29, to continue the hearing and deliver a ruling on the admissibility of the statements.
