The trial of Nnamdi Kanu, the leader of proscribed Indigenous People of Biafra (IPOB) has continued with Justice James Omotosho warning one of his lawyers, Aloy Ejimakor, against livestreaming the proceedings and court documents on the social media.
During the trial at the Federal High Court, Abuja on Wednesday, the defense team continued with cross examination of the government’s second witness, code named BBB.
The day’s proceedings began with lead counsel for the defence, Kanu Agabi, SAN, informing the court of a letter by the lead counsel for the prosecution, Adegboyega Awomolo, SAN, dated 14th May, about illegal live streaming of court proceedings.
Agabi therefore recommended that phones be banned from the courtroom during proceedings.
He laments the action of Ejimakor, a member of the defense team for posting misleading information on social media.
He stated that the case was too serious for anyone to trivialised.
In his intervention, Justice Omotosho said he granted an accelerated hearing of the case in the interest of all parties, particularly for Nnamdi Kanu who has been in custody for too long.
The judge charged all parties in the case to act professionally to ensure progress. He further warned Ejimakor to stop such conduct that may warrant the disbarring of a lawyer.
Justice Omotosho, therefore, charged all parties in the case to avoid acts that amount to misconduct and watch what they post on the social media.
The actual case continued with the cross examination of Mr BBB (a personnel of the DSS) by Paul Erokoro who conducted proceedings on behalf of the defence.
On whether the DSS can be influenced by politicians or ministers, the witness stated that the Agency was under the Office of the National Security Adviser (ONSA). He also clarified that the Attorney General does not teleguide the operations of the DSS.
Asked on the mode of intelligence gathering by the DSS, the witness noted that the sources were many, including human, social media, among others.
BBB further said owing to their mode of training, DSS operatives have the capacity to get information where necessary.
Probed further, the witness said he was told by Nnamdi Kanu that he was ‘kidnapped’ from Kenya and returned to Nigeria in 2021. On allegations that the DSS carried out the act, Mr BBB stated that the agency lacked the powers to effect arrest beyond Nigeria’s borders.
The witness therefore restated that Kanu, via his Radio Biafra broadcasts, incited violence, including during the ENDSARS protests in 2020.
The witness added that the defendant expressed readiness to make Biafra possible, by all means, including war.
Mr BBB stressed further that the inciting comments made by the IPOB leader led to the burning of a police station in Ebonyi State, a Lagos State High Court, and the cargo shed of the Murtala Mohammed Airport.
The witness said the casualties from the inciting comments made by the defendant include an army couple killed and beheaded in Orlu by persons believed to be members of the ESN, the military wing of IPOB. Another was a retired judge, Stephen Nnaji.
At some point during cross examination, Erokoro sought adjournment, informing the Court that there is a video clip that the defense sought to tender and asked for some time to make that possible.
Meanwhile, the Court admitted as evidence, certified true copies of judgments of three fundamental rights enforcement lawsuits instituted by Kanu.
These include those of the Abia State High Court of 19 January 2022, Federal High Court, Umuahia Division delivered on 26 October, 2022 and another by the High Court of Enugu State, delivered on 26th October 2023.
Justice Omotosho subsequently adjourned the case till Thursday May 22 for the conclusion of the cross examination of the second prosecution witness.
