From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has admitted in evidence three videos, including one where the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, is seen inspecting a radio transmitter allegedly smuggled into the country.
The video clips were tendered during the trial-within-trial of Kanu, who alleged that he made statements under duress sometime in October and November 2015.
The Radio Biafra transmitter, known as “Tram 21L,” was kept at Ubuluisiuzor in Ihiala Local Government Area of Anambra State, where he carried out an inspection.
The third prosecution witness (PW3), an operative of the Department of State Services, known as Mr CCC, dismissed claims that DSS used threats of solitary confinement to extract statements from the defendant.
Kanu had claimed that one Mr Brown, a DSS operative, made the threat about solitary confinement in the ‘dungeon.’
However, the prosecution witness clarified that the names of the officers who took part in the interview are James, Ibrahim, and Collins, with no Mr Brown among them.
He stated that Kanu was given presidential treatment and expressed shock at the allegations of using any form of force to get him to make certain statements, including calling Presidents Jonathan and Buhari unprintable names, and also alleging that Senator Rochas Okorocha ‘Islamized’ his people.
These are statements he allegedly made when he granted an interview with a US-based online medium known as Sahara Reporters. It was during the same interview that, according to the witness, Kanu 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 recordings of his oral statements of October 21 and 23, 2015, were also tendered.
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.
The judge, in a ruling, said, “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.”
Justice Omotosho added that establishing duress will therefore make the statement in contention inadmissible.
He further 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 affects the case of the defendant.
In the three footage 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 one of the footage, Kanu claims that the Biafra cause enjoys funding across the globe from all those who believe in the ideals of the secessionist agenda. He claims 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 en route to Abuja.
Meanwhile, Justice James Omotosho has adjourned the matter till Thursday, May 29, for continuation of the hearing and to deliver ruling on the admissibility of the statements.