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A Federal High Court in Abuja has thrown out key pieces of evidence presented by the Federal Government in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), due to the absence of legal counsel during his interrogation.
The prosecution, represented by a Department of State Services (DSS) operative as its third witness, had attempted to tender what it claimed were confessional statements made by Kanu. However, Kanu’s legal team, led by Paul Erokoro, objected, arguing that the statements were extracted under duress.
On Wednesday, Justice James Omotosho ruled in Kanu’s favor after a trial-within-a-trial was conducted to determine the admissibility of the evidence. While the judge noted there was no visual proof of coercion or intimidation in the interrogation video, he emphasized that Kanu’s rights were violated when no lawyer was present during questioning.
“The statements are inadmissible in light of this omission by the prosecution,” Justice Omotosho ruled. He ordered that the statements made in October and November 2015, previously accepted as evidence, be removed from the record.
He further stressed the constitutional importance of having legal representation during interrogations, saying, “Security agencies must comply with laws mandating the presence of a defendant’s lawyer. This is tied to the fundamental rights of every Nigerian.”
Despite the setback, the prosecution continued its case with the same DSS operative, referred to as CCC, who introduced a new piece of evidence: a video disc titled “Interview with Sahara TV.” The court admitted the disc and played it in open court.
In the video, Kanu is seen making controversial and inflammatory remarks. He referred to Nigeria as a “zoo” and launched verbal attacks on several prominent Igbo figures, including former Foreign Affairs Minister Ike Nwachukwu, former Anambra Governor Jim Nwobodo, Labour Party presidential candidate Peter Obi, and ex-Imo Governor Rochas Okorocha. Kanu alleged they were involved in killings, betrayals, and attempts to “Islamise” the southeast.
He also made strong comments about the Biafran cause, stating, “If Biafra is not granted, there will be nothing living in the zoo; nothing will survive there.” Kanu declared that he didn’t foresee a peaceful path to independence, saying, “There is no freedom out of a peaceful process.” He also supported the 2016 attack on the Enugu Government House, calling it a justified move against a corrupt system.
Under cross-examination, the DSS witness admitted he did not verify any of Kanu’s claims against the individuals mentioned. His task, he said, was limited to confirming whether Kanu had made the statements—something Kanu allegedly acknowledged.
The case was adjourned and is set to resume on June 13, 16, 17, 18, and 19.
In a separate development, the court barred Favour Kanu, the sister-in-law of the defendant, from attending future hearings after she was caught live-streaming the proceedings on social media—despite repeated warnings. Justice Omotosho ordered her immediate removal from the courtroom and ruled she must not return unless she becomes a party in another case.
Issuing a stern warning, the judge said any further acts of contempt would be met with imprisonment in Kuje correctional facility.
