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•As IPOB leader opts for no-case-submission
From Godwin Tsa, Abuja
After a protracted trial that was laced with dramatic twist, the Federal Government has finally closed its case against the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, in the allegations bordering on terrorism.
The prosecution counsel, Adegboyega Awomolo, SAN, announced this after the fifth prosecution witness (PW-5), simply identified as EEE for security reasons, was led in evidence and cross-examined by Kanu’s counsel, Onyechi Ikpeazu,SAN.
Earlier, Awomolo told the court that after calling five witnesses in the trial, the prosecution was satisfied that from the avalanche of evidence tendered, including the broadcast of activities of the leader of the IPOB, the government had sufficiently satisfied the need to close its case.
“My lord, I therefore close the case,” the senior lawyer said.
After the announcement, the lead defence counsel, Kanu Agabi, told Justice James Omotosho that they would be opting for a no-case submission, which would be filed in due course.
Earlier, in his testimony, the 5th witness said he was directed to lead a team of security officers to the southern region of the country to obtain records of activities that occurred between 2020 and 2021, relating to the #EndSARS protest.
According to the witness, his assignment included: obtaining records of public properties that were destroyed and death certificates of security officers who died during the protests.
The witness was then shown three documents of the report of the #EndSARS assessments, the list of officers that died, and the death certificates of the officers.
Following his confirmation, his lawyer, sought to tender same in evidence.
Following his confirmation, his lawyer, sought to tender same in evidence.
Ikpeazu, however, informed the court that the defense team would register their objection at the appropriate time, while the documents were subsequently admitted and marked as exhibits PWD2, PWD2A and PWD2B, respectively.
A summary of the documents revealed that a total of 128 policemen, 37 Army officers and 10 DSS agents were killed within the period.
Similarly, a total of 164 police stations were destroyed, as well as 19 facilities of the Independent National Electoral Commission (INEC).
In his evidence under cross examination, the witness admitted that he was not involved in the investigation of the crimes allegedly committed by the defendant, but investigated the fallout of the #EndSARS protest which the defendant enabled through his broadcasts.
When asked wether the entire #EndSARS protest was carried out because Kanu asked them to protest, the witness said he doesn’t know, adding that he knows the defendant asked the people to attack security officials and destroy public property.
Below is an excerpt of the cross examination:
Ikpeazu: So when people destroyed properties in Osun and Lagos during the #EndSARS protest, you are saying that they did that because the defendant asked them to? Are you saying categorically that the #EndSARS issue is a Biafran issue?
EEE: My assignment was not to investigate Biafra, my assignment was to investigate the #EndSARS issue to which the defendant incited the public.
Ikpeazu: Have you heard of Aisha Yesufu, the one that lead protests?
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EEE: Yes I’ve heard about her.
Ikpeazu: Is she Igbo or from Abia State?
EEE: I have never investigated her so I don’t know.
Ikpeazu: Are you aware that #EndSARS protest was chiefly against police brutality especially with the SARS faction of the police?
EEE: There are usually two causes of an insurrection – the open causes and the underlying causes. Police brutality could be the secondary cause of the protest, the real reasons for the protests was because some subversive elements incited the public against the government. In this case the defendant’s broadcasts was one of those underlying causes.
Ikpeazu: What organization is the defendant allegedly leading?
EEE: IPOB.
Kanu was first arrested in Lagos on October 14, 2015, upon his return to the country from the United Kingdom.
Justice Nyako of the Federal High Court had on April 25, 2017, granted him bail on health grounds after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the deaths of some of his followers.
Kanu was later re-arrested in Kenya on June 19, 2021, and extraordinarily renditioned back to the country by security agents on June 27, 2021.
Following the development, the trial court, on June 29, 2021, remanded him in custody of DSS, where he remained till date.
On April 8, 2022, the court struck out eight out of the 15-count charges that FG preferred against him on the premise that they lacked substance.
In like manner, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.
The appellate court said it was satisfied that federal government flagrantly violated all known laws when it forcefully rendered Kanu from Kenya to the country for the continuation of his trial.
It held that such arbitrary use of power by the Nigerian government divested the trial court of jurisdiction to further try the appellant.
Dissatisfied with the decision, Federal government appealed to the Supreme Court, persuading the appellate court to suspend the execution of the judgment, pending the determination of its appeal.
While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the judgment of the appellate court and gave FG the nod to try the IPOB leader on the subsisting seven-count charge.
