The trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), resumed on Friday before Justice James Omotosho at the Federal High Court in Abuja.
The hearing featured the cross-examination of a key witness for the prosecution, who said no instrument of terrorism was found on the defendant.
The court had previously granted the Federal Government’s request for prosecution witnesses to testify from behind a screen.
While the prosecution was led by Senior Advocate of Nigeria Adegboyega Awomolo, the defence team was headed by former Attorney General of the Federation, Kanu Agabi.
DSS officer testifies under anonymity
An operative of the Department of State Services (DSS), referred to only as AAA, appeared in court as Prosecution Witness 1 (PW1).
When asked whether he conducted the interview shown in court, AAA said five officers were present and he was among them.
AAA stated that his role in the investigation was limited to arresting Kanu, obtaining his statement, and escorting him to Abuja.
AAA confirmed that he did not find anything offensive among the items recovered from Kanu. He also noted that he personally analysed only the defendant’s phone.
Although the phone was submitted as evidence, AAA said the analysis was not presented in court because investigators deemed it immaterial.
Asked whether the items seized nearly a decade ago had lost their relevance, AAA said, “Yes.” He added that while a record of the returned items existed, he did not personally maintain it.
No link to violence or terrorism
The DSS witness testified that nothing incriminating was found on the woman who was with Kanu at the time of arrest, and her presence was not considered an act of terrorism.
When asked directly by the defence if he found “any instrument of terrorism on the defendant,” AAA replied, “No.”
He also stated that Kanu did not name anyone as a collaborator, and he was unaware if any other individuals were standing trial for terrorism alongside him.
Defence counsel Agabi challenged the witness: “I put it to you that there’s no other person in the whole of Nigeria who is standing terrorism trial for Biafra agitation except the defendant.” AAA replied that while others had been tried with Kanu earlier, he was unaware of their current status.
Mentions of Simon Ekpa and social media activity
AAA acknowledged that he had read on social media and in newspapers about Kanu’s associates, including Simon Ekpa, who continues to agitate for Biafra.
He said he was aware that the DSS was working to extradite Ekpa to face charges in Nigeria.
Asked whether Kanu had been charged with destruction of property, AAA responded, “Maybe not personally and virtually.”
He added that while Kanu had made social media posts inciting violence, he could not name anyone who acted violently as a result.
Statements attributed to Kanu
PW1 said he did not recall Kanu talking about corruption or unemployment but remembered him calling Nigeria “a zoo.”
When asked whether Kanu ever said that IPOB was unarmed and did not provide combat training, AAA responded that he remembered Kanu saying “IPOB does not bear arms.”
North’s insecurity not linked to Biafra agitation
During the cross-examination, Agabi asked: “There have been killings in Kaduna, Zamfara, Benue, Plateau, and other parts of the North. Are those killings based on any agitation for separation?” AAA replied, “To the best of my knowledge, no.”
The defence further pressed, “These killings are not the product of any agitation for separation. Are they?” AAA again answered, “No.”
Long-running case dating back to 2015
The charges against Kanu — including terrorism and treasonable felony — date back to 2015 following his arrest in Lagos. Multiple delays have stalled the trial for years, preventing the prosecution from calling witnesses or presenting evidence until recently.
Originally, four individuals were charged alongside Kanu. However, in 2018, Justice Binta Nyako severed the trial after Kanu fled Nigeria, allowing proceedings to continue against the others.
Kanu was re-arrested in Kenya in June 2021 and brought back to Nigeria.
