A Federal High Court in Abuja has directed the prosecution, spearheaded by Chief Adegboyega Awomolo (SAN), to furnish the defense team, led by Chief Kanu Agabi (SAN), with all pertinent documents, materials, and video recordings slated to be presented as evidence in the continuing terrorism trial of Nnamdi Kanu.
Justice James Omotosho issued this directive during a ruling in the case against the detained leader of the outlawed Indigenous People of Biafra (IPOB).
During today’s resumed hearing, the court adopted a decisive approach to trial proceedings amidst uncertainty regarding legal representation and increased tension within the courtroom.
Justice Omotosho expressed concern over a letter from Charles Ude, who claimed to be Kanu’s lawyer.
However, lead defence counsel, Agabi, and Mr. Alloy Ejimakor distanced themselves from Ude’s claim, stating they do not know him.
During the proceedings, Kanu confirmed that Agabi remains his official legal representative.
“The matter has to go on may be he would be accommodated some other time,” Kanu said.
However, in a bid to maintain order, Omotosho said only 16 counsel out of the 29 listed would be recognised in court.
“I don’t want to be pushed to take this case virtually—we have the facility,” the judge warned.
During the resumed cross-examination of witness AAA by Agabi, he admitted that he is unaware that several terrorism charges against Kanu had been dismissed by the court.
He also denied knowledge of the current status of many of the original 15-count charges.
During re-examination by lead prosecutor, Awomolo, the witness confirmed to the court that Kanu’s activities were aimed at agitating for the secession of some parts of Nigeria.
The second prosecution witness, BBB, also testified, telling the court that he was once assigned to investigate Kanu, describing him as the operator of Radio Biafra and founder of the Eastern Security Network.
The prosecution’s attempt to tender a letter authorizing the witness investigation was met with stiff resistance from Agabi, who objected on the grounds that the document was not previously disclosed.
The prosecution later withdrew the document, and the court granted the withdrawal.
A disagreement also arose over the admissibility of video evidence presented by the defence which Kanu himself opposed.
Agabi, who raised the objection said: “the document is not part of the proof of evidence.”
But Awomolo interjected, saying “It is expected that this document has been served alongside a statement of fact.
My Lord, we are not worried about admissibility. This is a criminal matter.
“In the interest of justice, we take their documents and come back. Let’s have everything in our hands. It would not be fair to cross-examine the witness without being served.
“We were not serve. If we were served, we would come prepared. Let them serve us, this is a monumental case. This video must be attached to this letter to become proof of evidence that is when it would be accepted.”
The court ruled that all trial materials must be served in advance and properly listed, emphasizing that no document would be admitted unless previously disclosed to the defense.
The prosecution also informed the court that it had filed a motion for the release of certain exhibits already tendered, specifically items 1 to 28 and 30 to 39.
The court directed that the motion be refiled with each exhibit explicitly identified and properly referenced.
The prosecution expressed readiness to proceed with the trial for three consecutive days as previously planned, but Agabi requested a pause to consult with his client.
After hearing arguments from both parties, the case was adjourned until May 7 for continuation of the trial, specifically for the examination-in-chief of the second witness.
Persecondnews recalls that Kanu has been in DSS detention in Abuja since he was rearrested in Kenya and subjected to extraordinary rendition back to Nigeria on June 27, 2021.
He was allegedly arrested by Kenyan security operatives in collaboration with Nigerian authorities.
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