A Federal High Court sitting in Abuja on Tuesday, May 6, 2025, was told how the leader of the proscribed Indigenous Peoples of Biafra (IPOB), Mazi Nnamdi Kanu, admitted operating an illegal radio station and inciting members of the public to attack police officers.
An official of the Department of State Services (DSS), who gave the testimony in court while testifying as the second prosecution witness (PW2) in the ongoing terrorism trial of Kanu before Justice James Omotosho, said that Kanu confirmed his activities while giving his statement.
Th witness, identified with the acronym – BBB – who testified behind a screen provided by the court, said beside being the leader of the proscribed IPOB, Kanu is the founder of the Eastern Security Network (ESN), the armed wing of IPOB.
Led in evidence by the prosecuting lawyer, Adegboyega Awomolo, SAN, BBB further told the court that Kanu operated an illegal radio station, which broadcast on frequencies 102.1 FM and 88.0 FM, stressing that the radio was illegal since it was not licensed by the National Broadcasting Commission (NBC) in accordance with the provisions of the law.
BBB specifically said that he was assigned the duty of taking Kanu’s statement in July 2021 following a letter from the Attorney General of the Federation (AGF) requesting that the IPOB leader be investigated for his alleged terrorism activities.
The PW2 said he carried out the assignment in the company of four of his other colleagues, adding that he handed Kanu the letter from the AGF, which the defendant read and also gave his lawyers to read, following which he requested that Kanu respond to the issues raised in the letter.
BBB said that after reading the letter, Kanu volunteered to make a statement in the presence of two of his lawyers, including Alloy Ejimakor.
The witness said he played some of the broadcasts made by the defendant on his radio station (Radio Biafra), including where he called for the attack on police officers and other inciting comments.
BBB said he played the voice in the broadcast to the hearing of Kanu which he (Kanu) admitted were his own.
Commenting on what Kanu was agitating about, BBB said Kanu wanted the secession of the five South East states, parts of Kogi and Benue states from the rest of Nigeria.
The witness said that the defendant’s statement taking during the session was recorded on video.
At that point, Awomolo, SAN, showed the witness a copy of a compact disc, which BBB identified as containing the recording of his interaction with Kanu.
Awomolo then applied to tender the letter from the AGF, the disc and a certificate of compliance.
But, the defence, Kanu Agabi, SAN, objected to the prosecution’s application to tender the items, arguing that the defence was not served with the AGF letter and the video recording, stressing that it was part of the right of the defendant to be given copies of all documents and materials that the prosecution planned to rely on in prosecuting the case.
Awomolo responded by saying that he was ready to furnish the Defendant with all the necessary documents and materials that the prosecution wishes to rely on.
In his short ruling, Justice James Omotosho held that the Defence was entitled to all the documents and materials the prosecution planned to rely on.
Accordingly, Justice Omotosho ordered the prosecution to, in line with the provision of Section 36 of the Constitution, serve on the Defendant all facilities, including documents that it intends to rely on to prosecute the case.
Upon an application by Awomolo, Justice Omotosho adjourned the hearing till May 7, to enable the prosecution serve the defence all the necessary documents and for the PW 2 to continue his testimony.
Earlier, the PW1, identified as PWAAA concluded his testimony after being cross examined by Agabi, SAN, and re-examined by Awomolo.
Under cross-examination by Agabi, the witness said he was consulted in relation to the role he played in the case as an investigator before the charge in the case was filed.
The witness said he is not aware that the defendant was charged with 15 counts, but that he is aware that Kanu was charged with inciting others to attack members of the police force.
In the words of PWAAA; “I was not part of the drafting of the charge, but I am aware that he (the defendant) incited people to kill members of the police force”.
PWAAA also said he is not aware that the count relating to that allegation was struck out from the charge in an earlier ruling, adding that he is not aware that eight out of the 15 counts contained in the original charge were struck out by the court in an earlier ruling.
Shorly before PW1 was invited, Justice Omotosho issued an order barring the sister-in-law to Kanu, Mrs Favour Kanu from further attending proceedings.
The trial judge, who barred Mrs Favour Kanu from the next three subsequent sittings of the court, said the decision was informed by the conduct of the lady, who admitted engaging in live broadcast of the court’s proceedings on her social media platform.
Before the judge issued the order, he sought to know who Favour Kanu was and the fair complexioned lady, who was dressed in black and sat in the audience beside her husband, rose to her feet and identified herself as Favour Kanu.
The judge then, ordered her to come to the front of the courtroom, which she did, following which Justice Omotosho said he would charge her for contempt in the face of the court for recording the court’s sitting and broadcasting it.
When asked what informed her action, Favour said she was streaming what was happening in the court live but did not know that the judge was still sitting and apologised with a promise not to do same again.
The defence counsel, Agabi, SAN, also intervened and begged the judge not to sanction the lady, but the judge insisted that Mrs Favour Kanu must vacate the courtroom, which she promptly complied and left.
