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 Department of State Services (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 DSS, known as Mr CCC, during the trial-within-trial dismissed claims that DSS used threats of solitary confinement to extract statements from the defendant.
The defendant had claimed that one Mr Brown, a DSS operative, made the threat about solitary confinement in the ‘dungeon.’ But the witness clarified that the names of the officers who took part in the interview are 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.
These are statements he allegedly made when he granted an interview with a US-based online medium known as Sahara Reporters. It was during the same interview that, according to the witness, Kanu used the term ‘Zoo’ to refer to Nigeria.
The contentious items are three written statements made at the DSS Headquarters by Kanu on October 23rd, 24th and November 4th, 2015. These statements along with video recording of his oral statements of October 21 and 23, 2015 were also tendered.
Justice James Omotosho took the path of trial within trial to clear the air on the admissibility or otherwise of the statements the defendant claimed were gotten under duress.
The judge, in a ruling, said ‘it is law that whenever an issue of involuntariness is raised, the Evidence Act and the law” requires 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.
In the three footage played in Court by the prosecution to prove that Kanu made his statements voluntarily, the Biafra nation agitator admitted to being the founder and director of Radio Biafra.
In one of the footage, Kanu claimed that the Biafra cause enjoys funding across the globe from all those who believe in the ideals of the secessionist agenda. He claimed that the group has representatives in over 80 countries.
At some point during trial within trial, 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 Omotosho has adjourned the matter till Thursday May 29 for continuation of the hearing and to deliver ruling on the admissibility of the statements.
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