“DSS Did Not Kidnap Kanu in Kenya” – Witness Tells Court

A Department of State Services (DSS) operative testified before the Federal High Court in Abuja on Wednesday, May 21, denying the agency’s involvement in the arrest of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), in Kenya. Identified only as BBB, the operative stated during cross-examination by Kanu’s lawyer, Paul Erokoro, SAN, that the DSS operates strictly within Nigeria and does not conduct foreign missions. “We are confined to Nigeria. We did not arrest Kanu in Kenya,” he told the court. “DSS did not kidnap Kanu in Kenya.”

The witness, appearing as the second prosecution witness before Justice James Omotosho, also clarified that the DSS functions under the Office of the National Security Adviser and is not directed by politicians or the Attorney General. “We can receive letters from government offices like the AGF, but we carry out our investigations independently,” he said. “Our code of conduct requires us to always be neutral and objective.”

When asked about Kanu’s role in Radio Biafra, the officer confirmed Kanu admitted founding the station, though he was unsure whether it remains operational. On the question of the legality of Kanu’s arrest, BBB acknowledged reading media reports on court rulings declaring it unlawful. The defence then submitted three judgments condemning the arrest and the military’s invasion of Kanu’s home, including rulings from courts in Abia, Umuahia, and Enugu.

Commenting on broader issues raised during cross-examination, BBB said Biafra has never been a recognised entity in Nigeria and stated that while peaceful advocacy is acceptable, Kanu’s broadcasts incited violence. Asked whether Kanu’s call for followers to defend themselves constituted self-defence, BBB responded, “I’m not aware of any law in Nigeria that allows anybody to kill a fellow human being.”

The witness said he was unaware of Kanu instructing Simon Ekpa to desist from his activities and had not heard any DSS directive calling Nigerians to self-defence. He also acknowledged a public statement by former Defence Minister General Theophilus Danjuma, who had once claimed that security personnel lacked neutrality in the country’s crisis.

As the cross-examination continued, the defence requested an adjournment to present video evidence. This was challenged by prosecuting counsel Adegboyega Awomolo, SAN, who argued the court had allocated May 21 and 22 for the cross-examination. Justice Omotosho granted the adjournment but warned the defence to conclude by May 22 or risk having the cross-examination closed.

Earlier in the proceedings, both Kanu’s lead counsel, Kanu Agabi, SAN, and the prosecution raised concerns over social media posts allegedly misrepresenting court proceedings. Awomolo, who had submitted a formal complaint dated May 14, stressed the sensitivity of the case and warned against online misinformation. Justice Omotosho condemned the conduct, describing it as gross misconduct and a potential ground for disbarment. “This does not help either side. It only delays proceedings,” he said. “The person knows himself. Let us act well.”