A Federal High Court in Abuja has rejected video and documentary evidence sought to be admitted by the federal government in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB).
The prosecution, through its third witness, a Department of State Services (DSS) operative, had attempted to tender what it described as confessional statements made by Kanu.
However, Kanu, through his counsel Paul Erokoro, objected to the admissibility of the evidence, arguing that the statements were obtained under duress.
On Wednesday, the court ordered a trial-within-a-trial to determine whether the statements were made voluntarily.
In his ruling, Justice James Omotosho held that although Kanu failed to demonstrate that his statements were coerced and the video evidence did not show signs of intimidation, the absence of legal counsel during the interrogations rendered the statements inadmissible.
“The statements are inadmissible in light of this omission by the prosecution,” the judge ruled. “The objection of the defendant’s counsel is upheld.
Also, the statements of October 23, 2015, and November 2015, earlier admitted in evidence, are rejected.”
In addition, Omotosho emphasized that the presence of a lawyer during the extraction of extrajudicial statements is a constitutional requirement.
“Security agencies must comply with the relevant laws which mandate the presence of a defendant’s lawyer,” he said, adding that the requirement is “tied to the fundamental right” of every Nigerian.
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Following the ruling, the prosecution resumed its case with the same DSS officer, identified as CCC, who introduced a new piece of evidence, a video disc titled “Interview with Sahara TV.”
The court admitted the disc into evidence and it was subsequently played in open court.
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