The Federal Government’s witness, on Wednesday, told the Federal High Court in Abuja that Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), admitted smuggling a Biafra Radio transmitter into Nigeria.
The witness, a Department of State Services (DSS) operative, identified as CCC for security reasons, told Justice James Omotosho while given his testimony as 3rd prosecution witness (PW-3) in the ongoing alleged terrorism trial of Kanu.
Freedomonline reports that the DSS had, earlier through its PW-2, tendered audio recordings of Kanu’s broadcasts from the radio station as exhibits.
In the recordings in 2020, Kanu was heard calling for the killing of several prominent Nigerians, including President Bola Tinubu and the Federal Capital Territory (FCT)’s Minister, Nyesom Wike.
While being led in evidence-in-chief by FG’s counsel, Chief Adegboyega Awomolo, SAN, on Wednesday, CCC said Kanu set up the radio transmitter at Ubuluisiuzor in Ihiala Local Government Area of Anambra.
The witness identified a video recording of DSS officials’ inspection of the transmitter at Ubuluisiuzor in Anambra allegedly used by Kanu for his Radio Biafra and which, the witness said, the IPOB leader admitted smuggling into the country.
The video recording, stored in a disc, was one of about four video recordings admitted in evidence during proceedings in which the DSS denied subjecting Kanu to duress and asking him to say things about ex-President Goodluck Jonathan and former Gov. Rochas Okorocha of Imo.
CCC said he knew Kanu to be the leader of IPOB, a terrorist organisation.
The witness said he also knew Kanu as the founder of Radio Biafra, which he allegedly used to incite the public to maim and kill
He said he first met Kanu on Oct. 21, 2015 when he and three others were asked to interview him and obtain his statements in relation to his activities as the founder of IPOB and Radio Biafra.
He said the interview sessions, which happened between Oct. 21, 2015 and Oct. 24, 2015, were recorded on video with the consent of the defendant, who later wrote statements.
Kanu’s lawyer, Kanu Agabi, SAN, did not object when Awomolo applied to tender the video recordings, which Justice Omotosho subsequently admitted in evidence.
Agabi however objected when Awomolo applied to tender the written statements, arguing that Kanu claimed he did not make them voluntary, an argument Awomolo countered.
In view of the development, Justice Omotosho demanded that the defence should specify what constituted the involuntariness alleged.
The judge then stopped proceedings briefly to allow one of the lawyers to the defendant, Paul Erokoro, SAN, to interact with Kanu, who was seated in the dock, on the issue.
When Erokoro returned, he told the court that Kanu told him that DSS officials denied him access to his lawyer, threatened not to allow him on bail and deny him the one hour granted him daily to receive fresh air in view of his health challenge.
The lawyer said Kanu also told him that his interrogators asked him to say things about ex-President Jonathan and former Gov. Okorocha, which were not his words.
At that point, Justice Omotosho ordered the conduct of a trial-within-trial to ascertain the voluntariness or otherwise of Kanu’s statements.
Awomolo then called PW-3 as the prosecution’s first witness in the-trial-within trial.
The witness denied that Kanu was subjected to any form of duress or coercion.
The witness faulted Kanu’s claim that he was kept in solitary confinement in an underground cell and that he suffered from any ill-treatment.
PW3, who was called TCCC in the trial-within-trial, said Kanu was given preferential treatment and served bottled water during the interview sessions.
The witness said he was surprised to hear the allegations made by the defendant.
He also denied that anyone asked Kanu to say things about Jonathan and Okorocha, adding that Kanu “spoke voluntarily and truthfully in the interviews.”
The DSS officials said the defendant was referring to their interactions over the interview he (Kanu) earlier granted to Sahara Reporters and in respect of which they asked for some clarifications.
He said: “During the Oct. 24, 2015 interview, the Sahara Reporters’ interview was played to him to confirm if he actually granted the interview, which he confirmed.”
The witness added that in the Sahara Reporters interview, Kanu referred to Nigeria as “zoo;” and claimed that Okorocha and others had islamised Nigeria.
He added that Kanu referred to the then President Muhammadu Buhari “in a very derogatory language.”
Three of the recordings of the interview sessions were played in court, showing Kanu, wearing a shirt and a pair of trousers, interacted freely with the DSS officials.
He smiled at some points and demanded to be served a particular brand of bottled water, which was handed to him by the DSS officials.
In the video, Kanu tried to rationalise his actions, including his many broadcasts, which he said were intended to bring about changes in the affairs of the country.
He said IPOB was meant to actualise the self-determination of the people of Biafra, while the Biafra Volunteer Force patterned after the Salvation Army, an army of volunteers who helped to propagate the messages of IPOB.
During cross examination by Erokoro, TCCC, who was the prosecution’s sole witness in the trial-within-trial insisted that Kanu was never subjected to coercion and that all the complaints he raised were addressed.
While testifying as the sole defence witness in the trial-within-trial, Kanu insisted that he was denied access to his lawyers and threatened by a DSS investigator, who he described as Mr Brown Ukuaba, an Assistant Director, of Investigation.
Kanu said when he was first arrested in Lagos in 2015, he was kept in chains and later blindfolded while being transported to Abuja.
He said he was kept in an underground cell and in solitary confinement.
He claimed that the video recordings played in court were edited.
Under cross examination by Awomolo, Kanu said his interview with the DSS officials enable him to explain the finances and hierarchy of the IPOB and its objectives.
Kanu said doctors attended to him at the DSS custody, adding that “they (the DSS authorities) have a good doctor there.”
Justice Omotosho, after the conclusion of the trial-within-trial, adjourned the matter until May 29 at 12 noon for adoption of parties’ final written address, in preparation for the ruling fixed for 2pm same date.
