A federal high court sitting in Abuja on Wednesday heard how the self-acclaimed lead of the separatist group, Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, smuggled a radio transmitter which he set up in Ubuluisiuzor, in Ihiala local government area of Anambra State.
The Department of State Services (DSS) had early in the month tendered audio recordings of Kanu’s broadcasts from the radio station as exhibits. In the recordings, Kanu was heard calling for the killing of several prominent Nigerians, including President Bola Ahmed Tinubu and Federal Capital Territory (FCT) Minister Nyesom Wike.
At the resumed trial of the IPOB leader, a third prosecution witness, a DSS officer, told the court that Kanu on November 4, 2015, in an interview with his colleagues, admitted smuggling a radio transmitter named “Tram 50L” into Nigeria.
A DSS officer had earlier in the month told the same court that Kanu’s broadcasts incited many supporters of his, encouraging them to carry out attacks on some prominent Nigerians.
The video clip of the November 4, 2015 session with DSS officers where Kanu admitted inspecting the radio transmitter he installed in Ubuluisiuzor, Anambra State, was admitted as exhibit TWT C.
Kanu’s claim that some of the recordings of the session he had with DSS officees in 2015, and which the prosecution tendered in court, were obtained under duress, including intimidation and threats of solitary confinement in a dungeon.
The DSS witness stated that Kanu was given presidential treatment and expressed shock at the allegations of using any form of coercion to get him to make certain statements including calling Presidents Jonathan and Buhari unprintable names, and also alleging that then governor of Imo State, Rochas Okorocha, ‘Islamized’ his people.
In the three video clips played in Court by the prosecution to prove that Nnamdi Kanu made his statements voluntarily, the Biafra nation agitator admitted to being the founder and director of Radio Biafra.
In interview with a US-based online medium, Sahara Reporters, Kanu, according to the DSS officer, used the term ‘zoo’ to refer to Nigeria.
The contentious items are three written statements made at the DSS Headquarters by Kanu on October 23rd, 24th and November 4th, 2015. These statements along with video recordingd of his oral statements of October 21 and 23, 2015 were also tendered.
IIn one of the clips, Kanu claimed that the Biafra cause enjoyed funding across the globe from all those who believe in the ideals of the secessionist agenda. He claimed, in the clip, the group has representatives in over 80 countries.
At some point during trial within trial, Nnamdi Kanu took the witness stand to give evidence in his case.
The defendant claimed, in his testimony, that he was struck by a DSS operative when he was picked up in Lagos in 2015. but the same operative later apologised on their way to the airport enroute to Abuja.
Justice James Omotosho took the path of trial within trial to clear the air on the admissibility or otherwise of the statements the defendant claims were gotten under duress.
In his ruling, the judge stated that ‘it is law that whenever an issue of involuntariness is raised, the Evidence Act and the law” requires that an order for trial within trial be made to determine whether a statement was taken under duress or otherwise. Establishing duress, said the trial judge, will make the statement in contention inadmissible.
The judge also informed parties in the case that at the end of the trial within trial, the Court will also rule on how the absence of the defendant’s lawyers will tell on the case.
He adjourned the matter till Thursday May 29 for continuation of the hearing and to deliver ruling on the admissibility of the statements.