*Court orders prosecution to avail defendant all necessary materials
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.
Th 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 beside 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 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 broadcast made by the defendant on his radio station (Radio Biafra), including where he called for the attack police officers and other inciting comments.
Witness BBB said Kanu admitted that the voice in the broadcast, which he played to his hearing, were 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 containg 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 serve the defence 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.
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