“His Statement Was Taken Without A Lawyer” — SSS Witness Admits As Nnamdi Kanu’s Trial Uncovers Gaps In Prosecution Case

A key prosecution witness presented by the Nigerian Government on Friday admitted that the statement obtained from Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), was taken without the presence of his legal counsel, raising fresh concerns over the integrity of the government’s case.

The witness, a Department of State Services (DSS) operative identified in court as PWAAA, made the admission during cross-examination by Kanu’s lead counsel, Chief Kanu Agabi, SAN, before Justice James Omotosho of the Federal High Court in Abuja.

When asked directly whether the statement from the defendant was obtained in the presence of his lawyer, the witness replied, “His statement was taken without his lawyer.”

The DSS operative, who was part of the 2015 operation that led to Kanu’s arrest in Lagos, also confirmed that no weapons, instruments of violence, or offensive items were recovered from the IPOB leader at the time of arrest. The witness said, “None,” when asked if any incriminating items were found.

Further revelations from the courtroom showed that:

Agabi challenged the credibility of the DSS’s case, repeatedly pointing out the witness’s lack of concrete knowledge, including his inability to name any co-defendants or individuals facing similar charges for Biafra agitation.

“Do you agree that in the entire nation, the only person standing trial for the agitation of Biafra is this defendant?” Agabi asked.

“I do not have information about that,” the witness replied. When asked who else might be involved, he cited Simon Ekpa, admitting that his knowledge came “from social media.” However, he conceded that he did not know whether Ekpa was facing trial alongside Kanu.

The judge and observers were left stunned by the repeated answers of “I don’t know” and “I wasn’t tasked with that” from the government’s first witness.

Kanu, who has been held in DSS custody since his controversial extradition from Kenya in 2021, appeared in court with a robust legal team comprising six Senior Advocates of Nigeria. His lawyers maintain that the charges against him are politically motivated and rooted in his peaceful advocacy for Biafran self-determination.

He said though the recovered items might not be ordinarily offensive, the intention of the defendant might be otherwise.

PW-AAA also told the court that he did not analyse any of the items recovered because his mandate was to effect the arrest and obtain a statement from Kanu.

Justice Omotosho adjourned the matter until May 6, May 7 and May 8 for continuation of cross-examination.