The Federal High Court in Abuja on Thursday dismissed key evidence the Federal Government attempted to present in the ongoing trial of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB).
Justice James Omotosho ruled in favor of the defence, led by Senior Advocate of Nigeria Paul Erokoro, who argued that the statements in question were obtained under duress and without legal representation.
The court had previously ordered a trial-within-a-trial to determine whether Kanu’s statements were made voluntarily. Delivering the ruling, Justice Omotosho stated that while the defence did not conclusively prove coercion and the video evidence presented no direct signs of force, Kanu’s consistent claims of being interrogated without a lawyer could not be ignored.
He emphasized that, according to precedents set by the Supreme Court, suspects must be afforded access to legal counsel during interrogations, especially when extrajudicial statements are being recorded.
“This legal requirement is tied to the fundamental rights of all Nigerians,” the judge said, adding that the prosecution failed to comply with this mandate. Consequently, the court ruled the statements inadmissible.
“The objection raised by the defence is upheld. The statements made on October 23, 2015, and in November 2015, previously admitted as evidence, are hereby excluded,” Justice Omotosho declared.
Following the ruling, the prosecution resumed its case. The third prosecution witness, identified as CCC, continued his testimony under the examination of prosecuting counsel Suraj Saida. The witness presented a video disc titled “Interview with Sahara TV,” which was admitted as evidence and played in court.
In the video, Kanu referred to Nigeria as a “zoo,” criticized several prominent Igbo figures, and issued threats. He accused former foreign affairs minister Ike Nwachukwu of killing Igbos and claimed that ex-Anambra governor Jim Nwobodo had betrayed fellow Igbo leader Alex Ekwueme. He also implicated Peter Obi, the 2023 Labour Party presidential candidate, in alleged killings and disposal of bodies of Igbos, and accused former Imo state governor Rochas Okorocha of pushing for the Islamisation of the state.
Kanu further threatened that Nigeria would face destruction if Biafra independence was not granted. “If they do not give us Biafra, there will be nothing living in the zoo; nothing will survive there,” he said.
He expressed skepticism about the possibility of a peaceful resolution: “I do not see Biafra happening peacefully. There is no freedom out of a peaceful process.” Kanu also approved of an attack on the Enugu Government House and expressed support for efforts to overthrow what he described as a corrupt regime.
During cross-examination, Erokoro questioned the witness on whether Kanu’s allegations against the named individuals had been verified. The witness responded that verifying the claims was not part of his role. His duty, he said, was only to confirm the authenticity of the interview — which Kanu admitted to giving. The witness also stated that he was unaware of any retraction Kanu might have made in subsequent videos.
The court adjourned further proceedings to June 13, 16, 17, 18, and 19.
