A prosecution witness called by the Nigerian Government on Friday admitted in court that the statement taken from Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), was obtained without the presence of his lawyer.
At the resumed trial on Friday before Justice James Omotosho of the Federal High Court, Abuja, a Department of State Services (DSS) operative, testifying as PW1, confirmed that no weapons or incriminating items were found on Nnamdi Kanu at the time of his arrest.
This statement was made during cross-examination by Chief Kanu Agabi (SAN) at the court in Abuja.
The cross-examination exposed major gaps in the prosecution’s case and raised serious questions about the integrity of the arrest and investigation process.
Agabi asked, “Did you take my client’s statement with or without his lawyer?”
The witness responded, “His statement was taken without his lawyer.”
Further questions were asked about the video evidence showing Kanu’s interrogation. The witness said he was among the interrogators but admitted he did not appear in the video himself.
When pressed on the nature of his assignment, the witness stated, “To arrest Nnamdi Kanu, bring him to Abuja and interview him.”
All items recovered from Kanu were said to have been presented in court, and the witness acknowledged that they belonged to him.
But when asked if any of those items were offensive or had been analysed, the witness replied, “My task wasn’t to analyse the items.”
He later said that Kanu’s phone was excluded from evidence as it was “considered immaterial.”
Agabi noted the age of the items recovered, asking, “Do you agree most of the items have lost their use since it’s over 10 years?”
The witness replied, “Yes.”
Agabi continued, “In 10 years since you first arrested him, have you seen anyone who claims he committed a crime?”
The witness said, “I didn’t.”
The court also heard that Kanu was arrested alongside another person, but the witness admitted that nothing incriminating was found on the second individual and that he was not confirmed to be a facilitator of terrorism.
Asked plainly whether any weapon or instrument of violence was found on Kanu, the witness answered, “None.”
The witness also confirmed that Kanu did not name any accomplices in his statement and that only one statement was taken in Lagos before additional statements were recorded in Abuja.
When asked if any other persons were standing trial alongside Kanu, the witness said, “I don’t know.”
Agabi challenged the prosecution’s narrative, stating, “I put it to you that in the entire nation, this defendant is the only person standing trial for the agitation of Biafra.”
The witness replied, “I do not have information about that. All I know is I did the arrest in Lagos.”
Pressed further, the witness mentioned Simon Ekpa as someone he knew to be involved, based on what he had read on social media.
Agabi fired back, “So because of what you read from social media, you want my defendant to be sentenced to death?”
The witness responded, “I have said what I know. Simon Ekpa is working with him.”
However, when asked whether Simon Ekpa was standing trial with Kanu, the witness admitted, “I don’t know.”
Agabi concluded sharply, “We are keeping counts of your ‘I don’t knows’, Mr. Witness.”
SaharaReporters had reported that the long-running legal battle involving Kanu and the Nigerian government resumed Tuesday morning at the Federal High Court in Abuja as both sides presented their legal teams.Travel guides
Kanu has been in the custody of the DSS since his controversial extradition from Kenya in 2021.
On Tuesday, he arrived in court flanked by a legal team comprising six Senior Advocates of Nigeria (SANs).
Chief Kanu Agabi, Nnamdi Kanu’s lead counsel, cross-examining the Prosecution Witness 1.
Transcription Of Cross-Examination Proceedings:Travel guides
Agabi: Did you take my client’s statement with or without his lawyer?
Witness: His statement was taken without his lawyer.
Agabi: From the video evidence, were you the person interrogating him?
Witness: I was among.
Agabi: did you appear in the video?
Witness: No.
Agabi: What was your assignment specifically?
Witness: To arrest Nnamdi Kanu and bring him to Abuja and interview him.
Agabi: Apart from the defendant, did you obtain statements from others?
Witness: Personally, no.
Agabi: At the time of arrest you withdrew from him all the items presented in court?
Witness: Yes.
Agabi: Were those all his personal properties?
Witness: Yes.
Agabi: Are there other items that haven’t been presented? Items considered offensive?
Witness: My lord, the items might not be offensive but the action behind it.
Agabi: No, answer me correctly. Did you analyze the items?
Witness: My task wasn’t to analyze the items.
Agabi: So you didn’t analyze it?
Witness: I didn’t, except his phone.
Agabi: Is the phone analysis in evidence?
Witness: Stutters…. No, because it was considered immaterial.
Agabi: Do you agree most of the items have lost their use for even it’s over 10 years?
Witness: Yes.
Agabi: In 10 years since you first arrested him, have you seen anyone who claims he committed a crime?
Witness: I didn’t.
Agabi: You said you found him with someone, did you find any incriminating thing on the person?
Witness: No.
Agabi: Did you confirm the person as a facilitator of terrorism?
Witness: No.
Agabi: Did you find any instrument of violence on my client, the defendant?
Witness: None!
Agabi: Did you contact any of the persons the defendant named in his statement as working with him?
Witness: He did not name anybody.
Agabi: Is it only one statement that was obtained from him?
Witness: In Lagos, yes, but in Abuja, other statements were obtained.
Agabi: Apart from the defendant, is there any other person standing trial with him?
Witness: I don’t know.
Agabi: I put it to you that in the entire nation, this defendant is the only person standing trial for the agitation of Biafra.
Witness: I do not have Information about that, all I know is I did the arrest in Lagos.
Agabi: From your knowledge, the agitation does not have any other person apart from the defendant.
Witness: Certainly, not correct.
Agabi; So, who are the rest?
Witness: From the news on social media, I know Simon Ekpa.
Witness: So, because of what you read from social media, you want my defendant to be sentenced to death?
Witness: I have said what I know, Simon Ekpa is working with him.
Agabi: Is Simon Ekpa standing trial with my defendant?
Witness: I know he was arrested too.
Agabi: But is he standing trial with my defendant?
Witness: I don’t know.
Agabi: We are keeping count of your I don’t knows, Mr Witness.
