By our reporter
It was calmer in court this time around as the terrorism trial of leader of Indigenous People of Biafra (IPOB) kicked off today before Justice James Omotosho of the Federal High Court, Abuja.
The charges were brought against him by the Federal Government (FG) with the first witness testifying behind camera.
Kanu’s appearance in court towards the end of the time of former judge handling another of his cases, Justice Binta Nyako, had been controversial with the IPOB leader and the judge in direct, open exchange of hot words over the judge’s decision to obey a directive to continue to sit over the matter, having recused herself from the case.
Permission to government for its witnesses to give evidence in camera was granted by Justice Omotosho, following a request to that effect.
The permission came as Justice Omotosho was ruling in an ex-parte application filed by the FG’s lawyer, Chief Adegboyega Solomon Awomolo, SAN.
Arguing the application, the senior lawyer pleaded with Justice Omotosho that the identities of the witnesses be concealed from public view for security reasons.
According to him, the charge preferred against Kanu was a serious offense of terrorism, insisting that there was need to protect the witnesses.
Furthermore, Awomolo pleaded that the witnesses’ names and their other identities be concealed from the public for security purposes.
The IPOB leader’s lawyer, former Attorney General of the Federation/Justice Minister, Kanu Agabi, SAN, did not object to the plea, prompting Justice Omotosho to grant the request thereafter.
In a material matter of fairness demonstrated by the court as the pantheon of justice, Justice Omotosho ordered that Kanu must, however, see the faces of those to testify in his trial.
Having not objected to Awomolo’s plea over the witnesses, Kanu’s lawyer requested for similar cooperation from the FG when the bail application for his client would be argued.
As the trial opened, the FG’s first witness, an operative of Department of the State Service (DSS), who was codenamed PWAAA by Justice Omotosho in consonance with the court’s decision not to make names of witnesses public,took centre stage.
In his evidence, the witness described vividly how DSS, acting on intelligence, deployed eight operatives to a hotel in Ikeja, Lagos, on October 15, 2015 (during the President Muhammadu Buhari presidency) where the IPOB leader was arrested during a room-by-room search.
According to him, the operatives opted for such particular search mode as Kanu’s name was not on the hotel manifest.
The witness said that it was when Kanu was arrested that they discovered he used one of his local names to get the hotel accommodation.
Describing the items found in Kanu’s hotel room, the witness listed them as IPOB pamphlets, IPOB complementary cards, laptops, Ipads, microphones, microphone stand, flash drives, and power adaptor for mixers.
The witness also mentioned various brands of phones, perfumes, ATM cards, wristwatch, among others, which were recovered and recorded.
Conveyed to court by DSS in four suitcases, the items were displayed in open court and admitted as exhibits.
The witness told the court that the interrogation of Kanu was video-recorded, which was also then played in the open court, and admitted as exhibit alongside his written statement.
The written statement, read in the open court by the witness, contained information on Kanu admitting fighting for emancipation of his people, adding that the call for self determination was his fundamental right and not a crime.
In it, the IPOB leader insisted that his battle for emancipation of the South-East, South-South and parts of Benue and Kogi states is his fundamental right and not terrorism as alleged by the FG.
Kanu, in the statement made to DSS in Lagos on October 15, 2015, further insisted that agitating for freedom is not a crime anywhere in the world, including Nigeria, because it is a fundamental right. He quoted some laws to back his claim in the statement.
In the statement to DSS too, Kanu stated that he made the written statement without the presence of his lawyer as required by law.
In the statement and video clips, Kanu admitted establishing and operating Radio Biafra in London, where it was registered.
He admitted not registering the radio station with the National Broadcasting Commission (NBC) in Nigeria because there was no need as the news medium was not established in the country.
Finalizing his evidence, the DSS witness told the court that Kanu told the agency that he is the founder and leader of IPOB.
Justice Omotosho subsequently fixed Friday, May 2, 2025 for cross examination of the witness, with Kanu’s and FG lawyers taking turns to question the witness and possibly pick holes,or not, in his claims.
