No Evidence Of Terrorism Found On Nnamdi Kanu, DSS Witness Testifies In Court

Abuja, Nigeria  – The trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), resumed on Friday at the Federal High Court in Abuja, with a key prosecution witness testifying that no instrument of terrorism was found on the defendant at the time of his arrest.

The hearing before Justice James Omotosho saw the cross-examination of a Department of State Services (DSS) operative, identified only as AAA, who appeared as the prosecution’s first witness (PW1).

The witness told the court that his involvement was limited to arresting Kanu, taking his statement, and escorting him to Abuja for further investigation.

AAA, who testified behind a screen as permitted by the court, acknowledged being present in the room where Kanu was interviewed, alongside four other officers.

However, when asked directly under cross-examination, he confirmed that no weapons or tools associated with terrorism were found in Kanu’s possession during the operation.

The prosecution was led by senior advocate and former Attorney General of the Federation, Adegboyega Awomolo (SAN), while Kanu’s defence team was headed by another former AGF, Chief Kanu Agabi (SAN).

The trial continues as Kanu faces multiple charges related to alleged terrorism and separatist agitation.

During court proceedings, AAA was asked whether any of the items presented in court appeared offensive on their face. He responded, “No.”

When questioned about his analysis of the items recovered from the defendant, AAA stated that he only analysed the defendant’s phone.

He added that the phone was admitted as evidence, but its analysis was not included because it was considered immaterial to the case.

Asked whether he agreed that many of the items confiscated over the past 10 years had become obsolete, AAA replied, “Yes.”

AAA also confirmed that there is a record of the items the DSS claims to have returned to the defendant, although he said he did not personally keep those records.

PW1 further testified that he did not find any weapon or instrument of violence on the woman who was with Kanu at the time of his arrest.

He said he did not consider her presence as facilitating terrorism.

When asked by defence counsel Agabi whether any instrument of terrorism was found on the defendant, AAA answered, “No.”

Responding to whether he contacted anyone the defendant mentioned as collaborators, AAA stated that the defendant did not name anyone, and he was unaware of others facing terrorism charges alongside the defendant.

Agabi asserted, “There is no other person in Nigeria currently standing trial for terrorism over Biafra agitation except the defendant.” AAA replied that he was aware some individuals were initially charged with the defendant but did not know the current status of their trials.

AAA also mentioned that he had read on social media and in newspapers that the defendant had supporters, including Simon Ekpa, who has continued the agitation.

He confirmed that the DSS is working to extradite Ekpa to Nigeria to face charges.

When asked whether the defendant was charged with destroying property, AAA said, “Maybe not personally and virtually.”

He added that while the defendant had made inciting statements on social media, he did not know of anyone who committed violence specifically because of the defendant’s remarks.

PW1 said he could not recall whether the defendant discussed issues such as corruption, youth unemployment, or underdevelopment in Nigeria, but he remembered the defendant calling Nigeria a “zoo.”

Asked if he recalled the defendant saying IPOB was unarmed and did not conduct military training, AAA said he remembered the defendant stating that IPOB does not bear arms.

The defence counsel then asked, “There have been killings in Kaduna, Zamfara, Benue, Plateau, and other parts of the North. Are those killings linked to agitation for separation?” AAA replied, “To the best of my knowledge, no.”

He also testified that Nigeria’s highways are, “to a large extent,” safe.

When pressed further about widespread violence in farms, churches, mosques, schools, and trains, including killings and kidnappings, AAA agreed that these were not the result of separatist agitation. “No,” he said.

The trial, involving charges of terrorism and treasonable felony, was originally filed in 2015 following Nnamdi Kanu’s arrest in Lagos. Multiple setbacks over the years prevented the prosecution from presenting witnesses and evidence until this week.

Initially, Kanu was charged alongside four others. However, in February 2018, Justice Binta Nyako severed the trial, separating Kanu—who had fled Nigeria—from the remaining defendants. This allowed the trial against the co-defendants to proceed.

Kanu was re-arrested by the Nigerian government in Kenya in June 2021.