Court Rejects FG’s Key Evidence in Nnamdi Kanu Terrorism Trial

The Federal High Court in Abuja has dismissed major pieces of evidence presented by the Nigerian government in the ongoing terrorism trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB). Justice James Kolawole Omotosho ruled on Thursday that the exhibits, including statements made by Kanu on October 21, October 24, and November 4, 2015, during interrogations by the Department of State Services (DSS), are inadmissible. Also thrown out were video recordings of those interrogation sessions.

The decision came after a trial-within-trial was held to determine whether Kanu’s statements were made voluntarily. Kanu had claimed he was coerced, molested, and harassed into making the confessions. Justice Omotosho acknowledged that while Kanu’s demeanor in the video did not support claims of coercion and appeared cordial, the court could not overlook the repeated absence of his legal counsel during the sessions.

Citing Section 15 of the Administration of Criminal Justice Act, the judge emphasized that statements made by a suspect arrested without a warrant must be taken in the presence of legal counsel or, in their absence, a representative from the Legal Aid Council or civil society. He stressed that the purpose of video recordings is to demonstrate that a statement was given voluntarily and with proper legal oversight.

Justice Omotosho also referred to Section 32 of the 1999 Constitution, affirming an accused person’s right to legal representation. He concluded that despite the video evidence showing no visible signs of duress, the lack of legal representation at the time the statements were made rendered both the written statements and video recordings inadmissible.

The court therefore ordered that the statements and accompanying video evidence be marked as rejected, dealing a significant blow to the prosecution’s case against Kanu.