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    Alleged Terrorism: We didn’t arrest Kanu with any weapon, DSS tells court

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    Kanu raises alarm, alleges tricks by FG to perpetually hold him down Leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, has drawn attention to what he described as serial executive and judicial fraud being perpetrated against him since his extraordinary rendition in 2021. In an open letter addressed to Nigerians yesterday, Kanu said: ‘’In a judgment entered on March 1, 2017, the Federal High Court, Abuja, ruled that the ‘IPOB is not an unlawful group’. At the time, it received widespread publicity which can be verified. ‘’This landmark ruling (made by the court before it turned unjust) emanated in a criminal proceedings that required ‘proof beyond reasonable doubt’ and in which the federal government and my humble self presented our respective cases. ‘’Alas! Instead of the federal government to go on appeal as the law mandated (if they are dissatisfied with the judgment), the former Attorney-General (Abubakar Malami) went behind closed doors with a letter signed by late Abba Kyari and got IPOB proscribed/tagged a terrorist group in an ex parte proceedings that conducted without notice to me or to the IPOB. ‘’This abominable incident was the earliest sign yet that the government and its judiciary have struck an unholy and fraudulent alliance to deny me my rights and thereby imperil the life and liberty of millions who identity with IPOB. ‘’On October 26, 2022, a Federal High Court declared my extraordinary rendition and detention as unconstitutional, stating that: ‘the manner of arrest and detention of the Applicant (Mazi Nnamdi Kanu) in Kenya, his continued detention in Abuja, his subjection to physical and mental trauma by the Respondents, the inhuman and degrading treatment meted out to the Applicant amounts to a brazen violation of the Applicant’s fundamental right to dignity of his person and threat to life under Section 34 (1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).’ ‘’The court further ordered the federal government to apologize to me and pay me compensation. In a responsible society and well-ordered, run by a responsible government, this judgment is sufficient to have ended my lengthy detention and encourage the federal government to constructively engage me on the issue of the self-determination agitation that triggered this whole saga. ‘’Pedal back to October 13, 2022, when the Court of Appeal held that: ‘The courts must never shy away from calling the executive to order when they resort to acts of ‘executive lawlessness.’ ‘’The duty of the courts is to maintain a balance between ensuring that law and order is obeyed and the protection of the individual from oppressive actions by the executive. ‘’By the forcible abduction and extraordinary rendition of the Appellant (Mazi Nnamdi Kanu) from Kenya to this country on the 27th day of June 2021, in violation of international and state laws, the lower court or, indeed, any court in this country is divested of jurisdiction to entertain charges against the Appellant’. ‘’Despite the clarity of this judgment and its comportment with reason, the federal government refused to release me from detention while it went behind closed doors and connived with three other justices of the court of appeal who fraudulently and swiftly sat on appeal over the judgment and practically destroyed it by issuing what they termed ‘a stay of execution’. ‘’One may then ask: Is it not abominable for a court to stay a judgment the government already disobeyed? In a plethora of cases, the Supreme Court has held that anybody who disobeys a related court order cannot be given any judicial relief until such order is obeyed. ‘’This is a sound reasoning that applied to everybody but is fraudulently overlooked when it comes to my case. Fast forward to 15th December 2023 when the Supreme Court sent back my case to the Federal High Court for trial. ‘’For avoidance of doubt, that was not the only decision the Supreme Court made. It also decided that my bail should not have been revoked and it went on to state clearly that the judge exhibited significant and unacceptable bias by revoking my bail. ‘’In a sane society, one would expect that when the High court received my case from the Supreme Court and hankered down for trial, it was also duty-bound to restore my bail in line with the pronouncement of the apex court. ‘’But that did not happen. Why? Well, your guess is as good as mine and that is: the Court connived with the federal government to continue my detention in violation of Section 287 of the Nigerian Constitution. ‘’On September 24, 2024, I decided that I have had enough of taking my chances at getting justice from a judge that, in June 2021, sent me to secret police detention without fair hearing, later refused to transfer me to prison to better prepare for my trial and capped it all by refusing to restore my bail and instead ordering an accelerated trial in the face of the reality that I will never get a fair trial whilst detained at the DSS. ‘’These are the major reasons that compelled me to request recusal of the judge and having consented to it, she proceeded to make an order removing herself from my case. That order was never challenged on appeal; thus it remains extant to this day. ‘’But instead of the Chief judge of the Federal High Court to do the lawful thing by assigning my case to another judge, he connived with the federal government to eat crow and send my case to a judge that stands recused by a valid order. ‘’To conclude this open letter, let me make it clear that it should in no way be construed to mean that there are no decent judges in Nigeria that can be trusted to deliver even-handed justice in my case. That is not the issue. ‘’Instead, the issue is that my case is deliberately being shielded from judges and justices that are deemed to be committed to doing justice, even when it means that the federal government must lose. ‘’Be that as it may, if it will take the rest of my life in detention to produce me before a proper and impartial court, so be it. But let me say this for the world to know: I will not succumb to any trial conducted by any judge or court whose jurisdiction does not pass constitutional muster. Not now, not ever.’’

    By Ikechukwu Nnochiri

    ABUJA– Trial of the detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, resumed before the Federal High Court in Abuja on Friday, as the Department of State Services, DSS, gave more insight into what transpired when he was arrested in 2015.

    The security agency, through one of its operatives that appeared as a witness in the case, told the court that on October 14, 2015, when Kanu was arrested in one of the rooms in Golden Tulip Hotel, Lagos International Airport, no weapon of terrorism was found on him.

    The witness, whose identity was shielded for security reason, told the court that the lady that was found inside the hotel room with the IPOB leader, equally had no weapon in her possession.

    Giving his evidence under the codename PWAAA, the witness admitted that most of the items that were retrieved from the hotel room were Kanu’s personal belongings, among which included materials for radio broadcast.

    However, the operative who testified behind a protective shield, maintained that though the recovered items may not be ordinarily harmful, he said their intended usage by the defendant could be a source of problem.

    While being cross-examined by Kanu’s legal team led by a former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN, the witness listed the items recovered from Kanu to include: 1 Black laptop, 2 Multi mix transmitters, 1 Mini white Apple iPad with pouch, 1 Grey Apple iPad with pouch, 1 Grey MacBook with pouch, 1 Grey MacBook with case, 1 Mini drone sound wave speaker, 2 Mini white speakers, 1 Large computer mouse, 1 White adaptor, 1 Laptop adaptor and 1 Carton bag with laptop.

    Others are; Two 3G modems, 2 Glo modems, 1 Glo Hawaii modem, 1 MTN modem, 1 Etisalat modem, 1 Flash drive, 1 Camcorder, 1 Hand recorder in a black pouch, 1 MacBook Pro adaptor, 1 Mic stand, 1 Phillips headphone, 1 Radio Sharp mic with cord, 1 Pro sound mic with cord, 1 4G LTE modem, a bunch of cards, 1 Power adaptor for mixer.

    1 Easy Blaze white modem, 1 Samsung phone,1 Black Motorola phone and 1 Nokia phone.

    As well as; 1 Black Samsung phone, 1 Black phone, 1 D-Link black modem,
    1 8GB flash drive, 1 Extension wire adaptor, 1 Pair of shoes, 1 Belt, 1 Pair of ciderwood sneakers and1 Footwear, 1 Black Softech wristwatch, 2 Singlets, 1 Sealed Hermes perfume, 1 Trinket, 1 Pokham perfume, 1 Fredrick Peckham wristwatch, 1 Diesel wristwatch, 1 Alexander Christy collection wristwatch, 1 Club wristwatch and10 items altogether.

    The last set of items he listed were; 3 Bank MasterCards, Copies of documents, 1 Copy of IPOB complementary card, Documents tagged IPOB, 1 White clipper, 1 Bottle of medicine, 1 Oman perfume, 2 Mini scented oils, 1 Empty black purse, 1 Nigerian passport bearing the names Okwu Kanu Nwannekaibeya Nnamdi Ngozichukwu and 1 British passport bearing the name Okwu Kanu Nwannekaibeya, 1 Black purse, 1 Passport holder, 1 Card holder, 1 Box of Rocarden wristwatch and 4 Bundles of cords.

    The recovered items, which were brought before the court in four suitcases, were earlier admitted in evidence and marked as exhibits by trial Justice James Omotosho.

    Answering more questions during the cross-examination, the witness, admitted that he did not analyse any of the items as he was only mandated to arrest the defendant and obtain his statement.

    Though the PWAAA admitted that Kanu’s phones were eventually analysed, he said the report of the analysis was not tendered before the court as it was not considered important.

    The witness acknowledged that since over 10 years that the items were taken away from Kanu and confiscated, they would have lost their value or expired.

    More so, the witness admitted that at the time Kanu’s statement was obtained, none of his lawyers were present to observe the process.

    Asked if he was aware of other persons also facing trial over Biafra agitation, the witness answered in the negative, saying he does not know any person that is facing a similar trial as Kanu.

    He, however, told the court that he is aware that one Simon Ekpa has been arrested and would soon be brought back to Nigeria to face trial for supporting Kanu’s agitation.

    Besides, he told the court that he could not remember any time that Kanu complained about corruption in high places, high unemployment rate among youths or when he tendered apologies for insulting the President and Igbo leaders.

    The operative further told the court that he could not remember anytime that Kanu described the IPOB as a non-violent voluntary organization.

    While acknowledging that there have been killings in some part of the country, especially in the North, the witness said he was aware that the government has been doing its best to stem the tide.

    He said he does not know if the killings had anything to do with any form of agitation for self-actualization.

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

    Kanu, who was arrested upon his return to the country from the United Kingdom, is answering to a seven-count charge the FG preferred against him.

    It will be recalled that the court had on April 25, 2017, granted him bail on health ground, after he had spent about 18 months in detention.

    Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.

    However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.

    Kanu was later re-arrested in Kenya on June 19, 2021 and extraordinarily renditioned back to the country by security agents on June 27, 2021.

    Owing to the development, the trial court, on June 29, 2021, remanded him in custody of DSS, where he remained till date.

    On April 8, 2022, the court struck out eight out of the 15-count charge that FG preferred against him on the premise that they lacked substance.

    Likewise, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.

    Dissatisfied with the decision, FG took the matter before the Supreme Court, even as it persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.

    While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the judgement of the appellate court and gave FG the nod to try the IPOB leader on the subsisting seven-count charge.

    The post Alleged Terrorism: We didn’t arrest Kanu with any weapon, DSS tells court appeared first on Vanguard News.

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