Kanu Admitted Inciting Police Attacks, Witness Says

A Federal High Court in Abuja on Tuesday heard testimony regarding the alleged activities of Mazi Nnamdi Kanu, the self-proclaimed leader of the proscribed Indigenous Peoples of Biafra (IPOB). An official of the Department of State Services (DSS), identified only as BBB, stated under oath that Kanu admitted to operating an illegal radio station and inciting the public to attack police officers.

Testifying behind a screen as the second prosecution witness (PW2) in Kanu’s ongoing terrorism trial before Justice James Omotosho, BBB claimed that Kanu confirmed these activities while giving his statement. Led in evidence by the prosecuting lawyer, Adegboyega Awomolo (SAN), BBB further testified that in addition to leading the proscribed IPOB, Kanu founded the Eastern Security Network (ESN), the group’s armed wing.

The witness elaborated on the illegal radio station, stating that it broadcast on frequencies 102.1 FM and 88.0 FM without a license from the National Broadcasting Commission (NBC). BBB recounted being assigned the duty of taking Kanu’s statement in July 2021, following a request from the Attorney General of the Federation (AGF) to investigate Kanu for alleged terrorism activities. He stated that he carried out this assignment with four colleagues, presenting Kanu with the AGF’s letter, which Kanu read and shared with his lawyers. Subsequently, Kanu volunteered to respond to the issues raised in the letter in the presence of two of his lawyers, including Alloy Ejimakor.

BBB testified that he played recordings of broadcasts from Kanu’s radio station (Radio Biafra), which included calls for attacks on police officers and other inciting comments. The witness asserted that Kanu admitted the voice in the played broadcasts was his own. Regarding Kanu’s alleged agitation, BBB stated that Kanu sought the secession of the five South East states, along with parts of Kogi and Benue states, from the rest of Nigeria. The witness also noted that the statement-taking session with the defendant was video-recorded.

At this point, Awomolo presented a compact disc to the witness, which BBB identified as containing the recording of his interaction with Kanu. Awomolo then sought to tender the AGF’s letter, the disc, and a certificate of compliance as evidence. However, Kanu’s defense lawyer, Kanu Agabi (SAN), objected to the prosecution’s application, arguing that the defense had not been served with the AGF letter and the video recording. Agabi asserted the defendant’s right to receive copies of all documents and materials the prosecution intended to use. Awomolo stated his readiness to provide the defense with all necessary documents.

Justice James Omotosho ruled that the defense was entitled to all documents and materials the prosecution planned to rely on. He ordered the prosecution to serve the defendant with all facilities, including documents, in line with Section 36 of the Constitution. Following an application by Awomolo, Justice Omotosho adjourned the proceedings until May 7 to allow the prosecution to serve the defense with the necessary documents and for PW2 to continue his testimony.

Earlier in the proceedings, the first prosecution witness (PW1), identified as PWAAA, concluded his testimony after cross-examination by Agabi and re-examination by Awomolo. During cross-examination, PWAAA stated that he was consulted as an investigator before the charge was filed. He acknowledged awareness that Kanu was charged with inciting attacks on police officers but was unaware of the initial 15 counts, nor that eight of those counts had been struck out in an earlier ruling. PWAAA also stated he was not involved in drafting the charge but was aware of the allegation of inciting violence against the police.

Shortly before PW1’s conclusion, Justice Omotosho ordered Mrs. Favour Kanu, the defendant’s sister-in-law, to cease attending proceedings for the next three sittings. The judge’s decision stemmed from Mrs. Kanu’s admission to live-streaming the court proceedings on her social media platform. After identifying herself to the court, Justice Omotosho informed her that he would cite her for contempt. Mrs. Kanu apologized, stating she was unaware the judge was still in session, and promised not to repeat the action. Despite Agabi’s plea for leniency, the judge insisted that Mrs. Kanu leave the courtroom, which she did promptly.