A Federal High Court in Abuja heard on Tuesday how the
self-acclaimed leader of the proscribed Indigenous Peoples of Biafra (IPOB),
Mazi Nnamdi Kanu, admitted operating an illegal radio station and inciting
members of the public to attack police officers.
An official of the Department of State Services (DSS) said
this while testifying as the second prosecution witness (PW2) in Kanu’s ongoing
terrorism trial before Justice James Omotosho.
The witness, identified with the acronym, BBB, testified
behind a screen provided by the court. He said Kanu confirmed his activities
while giving his statement.
Led in evidence by prosecuting lawyer, Adegboyega Awomolo
(SAN), BBB said that besides being the leader of the proscribed IPOB, Kanu is
the founder of the Eastern Security Network (ESN), the armed wing of IPOB.
The witness said Kanu also operated an illegal radio
station, which broadcast on frequencies 102.1 FM and 88.0 FM. He said the radio
was illegal because it was not licensed by the National Broadcasting Commission
(NBC).
BBB said he was on July 2021, assigned the duty of taking
Kanu’s statement following a letter from the Attorney General of the Federation
(AGF) requesting that the IPOB leader be investigated for his alleged terrorism
activities.
The witness said he carried out the assignment in the
company of four other colleagues. He said he handed Kanu the letter from the
AGF, which the defendant read and also gave his lawyers to read, following
which he requested that Kanu respond to the issues raised in the letter.
He said that after reading the letter, Kanu volunteered to
make a statement in the presence of two of his lawyers, including Alloy
Ejimakor.
The witness said he played some of the broadcasts made by
the defendant on his radio station (Radio Biafra), including where he called
for the attack on police officers and made other inciting comments.
Witness BBB said Kanu admitted that the voice in the
broadcast, which he played to his hearing, was his (Kanu’s) own.
On what Kanu was agitating about, the witness said Kanu
wanted the secession of the five South East states, parts of Kogi and Benue
states, from the rest of Nigeria.
The witness said the defendant’s statement-taking session
was recorded on video.
At that point, Awomolo showed the witness a copy of a
compact disc, which BBB identified as containing the recording of his
interaction with Kanu.
Awomolo then applied to tender the letter from the AGF, the
disc and a certificate of compliance.
But, lawyer to the defence, Kanu Agabi (SAN) objected to the
prosecution’s application to tender the items, arguing that the defence was not
served with the AGF letter and the video recording.
Agabi said it was part of the right of the defendant to be
given copies of all documents and materials that the prosecution planned to
rely on in prosecuting the case.
Awomolo said he was ready to furnish the defendant with all
the necessary documents and materials that the prosecution wishes to rely on.
Ruling, Justice James Omotosho held that the defence was
entitled to all the documents and materials the prosecution planned to rely on.
Justice Omotosho proceeded to order the prosecution to, in
line with the provision of Section 36 of the Constitution, serve on the
defendant all facilities, including documents that it intends to rely on to
prosecute the case.
Upon an application by Awomolo, Justice Omotosho adjourned
till May 7 to enable the prosecution to serve the defence of all the necessary
documents and for the PW 2 to continue his testimony.
Earlier, the PW1, identified as PWAAA, concluded his
testimony after being cross-examined by Agabi and re-examined by Awomolo.
Under cross-examination by Agabi, the witness said he was
consulted in relation to the role he played in the case as an investigator
before the charge in the case was filed.
The witness said he is not aware that the defendant was
charged with 15 counts, but that he is aware that Kanu was charged with
inciting others to attack members of the police force.
PWAAA said “I was not part of the drafting of the charge,
but I am aware that he (the defendant) incited people to kill members of the
police force,” adding said he is not aware that the count relating to that
allegation was struck out from the charge in an earlier ruling.
The witness also said he is not aware that eight out of the
15 counts contained in the original charge were struck out by the court in an
earlier ruling.
Shorly before PW1 was invited, Justice Omotosho issued an
order barring a sister-in-law to the defendant – Mrs. Favour Kanu – from
further attending proceedings.
The judge, who barred Favour from the next three subsequent
sittings of the court, said the decision was informed by the conduct of the
lady, who admitted engaging in a live broadcast of the court’s proceedings on
her social media platform.
Before the judge issued the order, he sought to know who
Favour Kanu was. The fair-complexioned lady, who was dressed in black and sat
in the audience beside her husband, rose to her feet and identified herself as
Favour Kanu.
The judge then ordered her to come to the front of the
courtroom, which she did, following which Justice Omotosho said he would cite
her for contempt in the face of the court for recording the court’s sitting and
broadcasting it.
When asked what informed her action, Favour said she was
streaming what was happening in the court live, but did not know that the judge
was still sitting.
She apologised and promised not to do same again.
Agabi also intervened and begged the judge not to sanction
the woman, but the judge insisted that the lady must vacate the courtroom,
which she promptly did.
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