Following the ongoing trial of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), the Federal High Court in Abuja has thrown out critical evidence that the prosecution (federal government) had relied on to prove its case.
Presiding judge, Justice James Omotosho, on Thursday, ruled that the statements allegedly made by Kanu between October 21 and 24, and on November 4, 2015, were not obtained in line with legal procedures. The court also ruled that video recordings of the same statements, which had already been admitted as evidence, should be removed from the court’s record.
Justice Omotosho stated that although Kanu claimed the statements were made under duress, the court found no solid proof of that. However, the court was more concerned about the manner in which the statements were taken. According to him, the fact that Kanu did not have a lawyer present at the time the statements were made rendered the evidence invalid.
The judge relied on Section 15 of the Administration of Criminal Justice Act (ACJA), which clearly states that any suspect who is arrested without a warrant must give their statement in the presence of their lawyer. If the lawyer is not available, the law allows for a representative from the Legal Aid Council of Nigeria, a civil society member, or a justice of the peace to be present.
Justice Omotosho emphasized that the purpose of this law is to protect the rights of the suspect and ensure that any statement made is voluntary and not obtained through pressure or intimidation.
He said, “Even though the statement was recorded on video, the fact that the lawyer of the defendant was not present makes the statement inadmissible. This court is also empowered to expunge the video recordings which had earlier been admitted in evidence.”
He further explained that while the police may have followed the process of recording the statement on video to show transparency, that effort becomes meaningless if the basic legal requirement—having a lawyer present—is not met.
The judge also took note of Kanu’s repeated complaints that he was denied access to his lawyer while in custody. Although the court did not find evidence that the statements were made under pressure, it said it could not ignore the breach of procedure regarding the absence of legal representation.
With this ruling, both the written and video-recorded statements have been officially struck out from the court’s record.
Meanwhile, Justice Omotosho also banned Kanu’s sister-in-law, Favour Kanu, from attending further court proceedings, on the basis that she was disrespecting the court by sharing live updates from inside the courtroom while the session was still ongoing.
“This act is unacceptable,” the judge said. “She is no longer allowed to access this court unless she has a separate legal matter to attend to.”
He used the opportunity to caution others, especially supporters and observers, against trying to influence public opinion by posting real-time court proceedings on social media.
“This court will not tolerate any behavior that disrupts or disrespects the legal process,” he warned.
The trial of Nnamdi Kanu continues at the Federal High Court in Abuja.
Nnamdi Kanu is currently facing charges that include terrorism, secession, and inciting violence through his broadcasts and actions as the leader of IPOB, a group that is agitating for an independent Biafra nation. He has been in custody since June 2021, after he was arrested and brought back to Nigeria under controversial circumstances.
