Nnamdi Kanu’s trial: Prosecution suffers setback in presentation of evidence
By Chibuzor Okezie
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| Detained IPOB leader, Nnamdi Kanu in Court with his lawyers |
Abuja, Nigeria – The Federal High Court, presiding over the terrorism trial of detained IPOB leader Nnamdi Kanu, has mandated the Federal Government to ensure that all relevant documents and materials intended for use during the trial are duly served on the defense team well in advance of their presentation in court. This directive was issued following a day of courtroom complications involving disputes over legal representation and the admissibility of certain documents.
Adding to the day's drama, Justice James Omotosho barred Kanu's sister, Favour Kanu, from attending the next three court sessions as punishment for recording court proceedings, a clear violation of the court's standing directives.
The day began with a challenge to the legitimacy of legal representation. The trial judge brought to the attention of the defense team a letter received from one Charles Udeh, who claimed to be one of Kanu's lawyers. However, lead defense counsel, Chief Kanu Agabi (SAN), swiftly disavowed any association with Udeh, with Kanu himself affirming that Agabi remains his official and sole legal representative.
The court then addressed a past transgression involving Favour Kanu, a relative of the defendant, who had allegedly recorded court proceedings in violation of court directives and subsequently posted the content online. Nnamdi Kanu, however, personally appealed for leniency on her behalf, acknowledging her mistake.
Favour, when given the opportunity to speak, claimed that she was unaware that the Court was still in session and stated that she had stopped recording immediately after receiving a warning. While acknowledging her remorse, the trial judge, in consideration of the alleged infraction, barred her from attending the next three court sittings.
The proceedings then moved forward with the cross-examination of the first Prosecution witness, identified only by the pseudo name AAA. During this cross-examination, the witness admitted to being unaware that several of the terrorism charges against Kanu had been previously struck out by the Court. Furthermore, he confessed a lack of knowledge regarding the current status of many of the original 15-count charges.
When re-examined by the lead Prosecutor, Chief Adegboyega Awomolo (SAN), the witness asserted that, in his understanding, Kanu's activities amounted to an agitation for the secession of parts of Nigeria.
The second Prosecution witness, identified as BBB, then took the stand, testifying that he had been assigned by the Attorney General of the Federation to investigate Kanu. He described the defendant as the operator of Radio Biafra and the founder of the Eastern Security Network (ESN).
However, attempts by the Prosecution to tender a letter authorizing the witness’s investigation met with stiff resistance from Agabi, who objected on the grounds that the document was not "front loaded," meaning it had not been properly served on the defense team in advance. Faced with this objection, the Prosecution ultimately withdrew the document.
The defendants also expressed disagreements over the admissibility of video evidence presented by the Prosecution, a move that Kanu himself strongly opposed.
In response to these challenges, the Court issued a firm directive that all documents and materials intended for use during the trial must be served on the defense team well in advance and that they must be properly listed and identified. The judge stressed that no document would be admitted into evidence unless it had been previously disclosed to the defense.
The trial Judge, Justice James Omotosho, then adjourned the proceedings until May 7, at which time the court is scheduled to continue the trial, specifically for the examination-in-chief of the second Prosecution witness, BBB.