From Stanley Uzoaru, Owerri
The Indigenous People of Biafra (IPOB) has alleged that the witness tendered by the Federal Government in the last trial of its leader, Mazi Nnamdi Kanu, never appeared in court.
Spokesperson of the group, Emma Powerful, in a statement he released to newsmen, said, “Let it be made clear to the Nigerian public and the international community: Onyearmy never appeared in court. He never testified. His so-called statement was never given in court or even directly to the DSS investigators handling the case.
“Instead, it was PW-DDD—a DSS operative—who merely read out what Vanguard newspaper claimed that Onyearmy said. Incredibly, PW-DDD admitted under oath that he never interviewed Onyearmy and had no first-hand knowledge of any such confession.
“Section 29 of the Evidence Act: Prohibiting involuntary and unverified confessions.
Section 83(1) of the Evidence Act: Rendering third-party hearsay newspaper reports inadmissible.
Section 36(6) of the Constitution: Guaranteeing the accused the right to confront his accusers.
Section 36(8) of the Constitution: Prohibiting further prosecution where punishment has already been served or exceeded.
“Beyond this brazen evidentiary fraud, the trial itself remains fundamentally illegal for several reasons:
“The Court of Appeal (CA/ABJ/CR/625/2022) has already ruled that the alleged offence, if any, occurred in Ubulisiuzor, Anambra State, and can only be tried by the Federal High Court in Awka, not Abuja. The continued proceedings in Abuja are in open contempt of that binding judgment.
“Under Section 178 of CEMA, jurisdiction lies only where the offence occurred or where the accused resides. Abuja meets neither condition. This Abuja trial is forum shopping and a gross abuse of court process.
“The alleged offence of importation of a transmitter under CEMA carries a maximum limitation period of five years. More than five years have elapsed, rendering this prosecution legally dead on arrival,” Powerful said.
He added, “Mazi Nnamdi Kanu has been illegally detained for nearly four years since his unlawful rendition from Kenya. This far exceeds the maximum penalty for the alleged customs offence, violating his constitutional rights under Section 36(8) and binding case law in Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708.
“The recent so-called inspection of a radio transmitter by Justice Omotosho inside DSS headquarters has no legal foundation. The Court of Appeal had already ruled that such matters belong in Awka, not Abuja. This exercise was nothing but media choreography to please bloodthirsty political hawks.
“The entire proceeding is nothing but a well-rehearsed media circus designed to produce headlines, not justice. The Nigerian judiciary is being dragged into disrepute before the entire world. Every illegal act by this government in this matter only deepens Nigeria’s global disgrace.
“We remind the Nigerian government that injustice breeds chaos. No amount of manufactured evidence, fraudulent confessions, or forum shopping will destroy the truth. The whole world is watching this charade. The only honourable path left is for this sham trial to be terminated immediately,” Powerful lamented.