The Federal High Court sitting in Abuja on Thursday, rejected the evidence sought to be tendered by the Federal Government in the ongoing trial of the embattled leader of the Indigenous People Of Biafra (IPOB), Mr. Nnamdi Kanu.
Justice James Omotosho, in a ruling, agreed with the argument of the defence counsel, led by Paul Erokoro, SAN, which challenged the admissibility of the statements on the basis that they were extracted under coercion.
The court had earlier directed a trial-within-a-trial to determine whether the statements were made voluntarily or under duress.
While delivering verdict on Thursday, Judge James Omotosho acknowledged that although Kanu did not conclusively prove the statements were involuntary and the video did not suggest any coercion, the court could not ignore the defendant’s repeated claims of being interrogated without a lawyer present.
The judge stressed that the Supreme Court has established the necessity of having legal representation present when extrajudicial statements are obtained from a suspect.
He added that security agencies are required to follow laws mandating the presence of a suspect’s lawyer, noting that this requirement is “tied to the fundamental right” of all Nigerians.
“The statements are inadmissible in light of this omission by the prosecution,” Omotosho ruled.
“The objection of the defendant’s counsel is upheld. The statements of October 23, 2015, and November 2015, earlier admitted in evidence, are rejected.”
Following the ruling, the prosecution’s witness (PW-3) resumed his testimony. The witness, identified as CCC, under examination by prosecutor Suraj Saida, presented a disc labeled “Interview with Sahara TV.”
The court accepted the disc into evidence and played the video. In the recording, Kanu referred to Nigeria as a “zoo,” leveled accusations against several prominent Igbo figures, and issued threats.
He accused Ike Nwachukwu, former foreign affairs minister, of killing Igbos and accused Jim Nwobodo, a former Anambra governor, of betraying fellow Igbo leader Alex Ekweme.
Kanu also implicated Peter Obi, the 2023 Labour Party presidential candidate, in the alleged killing and disposal of some Igbos’ bodies.
Further, Kanu alleged that Rochas Okorocha, ex-governor of Imo state, was responsible for the Islamisation of the state.
The video also featured Kanu threatening violence should the goal of Biafra statehood not be realized.
“If they do not give us Biafra, there will be nothing living in the zoo; nothing will survive there,” he stated.
He added: “I do not see Biafra happening peacefully. There is no freedom out of a peaceful process.”
Kanu expressed approval of an attack on Enugu state’s government house and pledged support for any effort to topple the current corrupt regime.
During cross-examination by Erokoro, the witness clarified that his role did not involve verifying the truthfulness of Kanu’s allegations against the named Igbo individuals.
He said his task was solely to confirm whether Kanu had granted the interview, which the defendant admitted.
He also denied having knowledge of any retraction Kanu might have made in subsequent videos.
The judge adjourned the trial until June 13, 16, 17, 18, and 19 to continue proceedings.