The Federal Government’s fifth prosecution witness (PW-5) on Thursday, alleged that 233 security agents were killed during #EndSARS protest as a result of incitement by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
The witness, a Department of State Services (DSS) operative, identified as EEE for security reasons, stated this while being led in evidence by FG’s lawyer, Chief Adegboyega Awomolo, SAN, before Justice James Omotosho of the Federal High Court in Abuja.
He also told the court that at least 164 police stations and nine Independent National Electoral Commission (INEC)’s offices across the states were destroyed due to Kanu’s inciting remarks.
The witness said he knew Kanu through the mass media and had not met him personally.
While giving the breakdown through the report tendered by Awomolo and admitted in evidence as exhibit, the official said that 186 police officers, 37 military officers and 10 DSS operatives were killed during the mayhem in the South East and other parts of the country.
He said he was instructed to lead a team comprising officers of the Nigeria Police Force (NPF) and DSS, including photographers and other Investigators, to gather records of the criminality that occured between 2020 and 2021 during the #EndSARS mivement.
“The assignment included taking records from heads of security agencies in the various states that we visited and update death certificates of security agents that died and report of damage to properties during the EndSARS protest
“There are photographs of public properties destroyed, the death certificates of officers that died and and their pictures,” he said.
Awomolo then sought the permission of the court for the report assessment on the damage recorded, death reports and certificates of death of security officers, including the certificate of compliance, to be shown to the witness and PW-5 identified them, making the lawyer to apply to tender them as evidence.
Kanu’s counsel, Onyechi Ikpeazu, SAN, reserved their objection which they planned to raise during the adoption of their written address.
Justice Omotosho then admitted them in evidence and marked them as Exhibits PWD2, PWD2A and PWD2B respectively.
While taking the witness through Exhibit PWD2A, which is the death reports and certificates of death of security officers, the official admitted that 186 policemen, 37 military officers and 10 DSS were killed during the protest.
He also gave state by state synopsis of the number of death of security officers and the destructions recorded.
He said in Abia, eight policemen were killed, Enugu recorded 16, Imo recorded 16, Delta had eight, among others.
On the military personnel who lost their lives, he said Anambra recorded 12, Ebonyi recorded seven, Imo recorded three, Akwa Ibom had one death, etc, while DSS also lost officers in Abia, Anambra, among other states.
On the number of police stations attacked, the witness said Imo recorded 20, Cross River had five, Lagos recorded 38, Ondo recorded 11, Osun recorded 1, Ekiti had 3 and FCT recorded 1, among others, making a total of 164 police stations in all.
The PW-5 said out of the nine INEC facilities that were destroyed, Cross River recorded four, Anambra recorded one, Akwa Ibom recorded two, etc.
During cross examination, Ikpeazu asked the witness if he took part in the investigation of the charge against Kanu but he responded in the negative.
“I am not privy to the allegations but was only instructed to take records of public properties destroyed and security personnel killed during the #EndSARS protest as a result of statements made by the defendant,” he said.
He restated that Kanu incited the protesters to kill security agents and even instructed them on how to manufacture objects used in the protest.
When asked if it was as a result of Kanu that there was protest in Osun and the destruction of Lagos court, the witness said: “I do not know that but I was asked to obtained records as a result.”.
“Was it the defendant that told the protesters to destroy Lagos court?” the lawyer asked.
“It was on record that the defendant issues directives. My task was only limited to obtaining the records as a result of #EndSARS,” he said.
“But your statement was not limited to taking records and that is why I am asking you,” Ikpeazu said.
When asked if the protest was a Biafran issue, the PW-5 said: “The fact speaks for itself. Before, during and after the #EndSARS protest, the defendant made statements, urging the protesters to carry out insurrection against the Nigerian state.”
The witness also said that his aassignment was not to investigate Biafra but to obtain records relating to #EndSARS protest in which the IPOB leader made statements that led to mayhem at the time.
When asked if he had heard about Aisha Yusufu before, the witness responded in the affirmative.
“Is she an IPOB,” the lawyer asked.
“I don’t know,” he responded.
When further asked if Yesufu was Igbo, he said: “I do not think she is Igbo.”
When also asked if she is from Abia, the PW-5 said: “As I said, I have not investigated her (Yesufu) and do not know who she is.”
When asked if he was aware that the protest emanated as a result of the police brutality, he said: “As experts, we know that in every protest, there are organic issues and issues that lace around it and as experts, we are to identify the organic issues” though there might be secondary manifestations.
When asked if he knew SARS, the witness, who responded in affirmative, said: “It is Special Anti-Robbery Squad.”
When the lawyer restated that Nigerians protested as a result of their brutality, the official responded that “Nigerians were instigated by subversive elements to go against the government of the day
He admitted that though he was aware that there were extra-judicial killings by members of SARS in Lagos, Ibadan and Ifelodun in Oyo, he said he did not have the fact.
According to the witness, those allegations were used as a pretence by subversive elements.
He said Kanu is from the South East and leader of the IPOB.
After the cross examination, Awomolo announced that the prosecution would be closing its case.
He said after the evidence of the PW-5, the prosecution was satisfied that from the avalanche of evidence tendered, including broadcasts of activities of the leader of the IPOB, the government had sufficiently satisfied the need to close its case.
“I therefore close the case,” the senior lawyer said.
After the announcement, the lead defence counsel, Chief Kanu Agabi, informed the court that they would be opting for a no-case submission.
The judge then gave the defence 14 days to file and serve the prosecution with the application and also gave another 14 days to the prosecution to respond to the no-case submission, and two days for the defence to respond on points of law.
He thanked the parties for their cooperation towards ensuring a timely conclusion of the trial and adjourned until July 18 for adoption.
