Court orders prosecution to serve documents on Nnamdi Kanu ahead of trial
By Andrew Orolua
The Federal High Court in Abuja on Tuesday directed the prosecution in the ongoing trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, to ensure all relevant documents and materials he intends to tender during trial are duly served on the defence team before proceeding commences.
At the resumed hearing on Tuesday, the court also took a firm stance on trial procedures following confusion over legal representation and tension surrounding courtroom conduct.
A letter from one Charles Ude, claiming to be Kanu’s lawyer, sparked the court’s concern. But lead defence counsel, Chief Kanu Agabi, SAN, disassociated the team from Ude’s claim, with Kanu affirming that Agabi remains his official legal representative.
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In a bid to maintain order, the presiding judge stressed that only 16 counsel out of the 26 listed would be recognised in court. “I don’t want to be pushed to take this case virtually—we have the facility,” the judge warned.
The court also addressed a past infarction involving Favour Kanu, a relative of the defendant, who had recorded court proceedings in violation of directives.
The judge revealed she had also posted the content online. Kanu appealed for leniency on her behalf, pleading, “Please forgive her before she says a word.” The judge, however, barred her from attending the next three sittings.
The trial continued with the cross-examination of the first prosecution witness (PW1), identified as Pw1AAA. Under questioning by Agabi, the witness admitted to being unaware that several terrorism charges against Kanu had been struck out by the court. He also lacked knowledge of the current status of many of the original 15-count charges.
Re-examined by lead prosecutor Chief Adegboyega Awomolo, SAN, the witness stated that Kanu’s activities amounted to agitation for the secession of parts of Nigeria.
The second prosecution witness (PW2), identified as PW2BBB, testified that he was assigned by the Attorney General of the Federation to investigate Kanu. He described the defendant as the operator of Radio Biafra and the founder of the Eastern Security Network.
Attempts by the prosecution to tender a letter authorising the witness’s investigation met stiff resistance from Agabi, who objected on the grounds that the document was not front loaded. The prosecution later withdrew the document, and the court granted the withdrawal.
The trial also saw disagreements over the admissibility of video evidence presented by the defence, which Kanu himself opposed. The court ordered that all materials intended for trial must be served in advance and listed properly, stressing that no document would be admitted unless previously disclosed to the defence.
On a separate issue, the defence counsel said he had filed a motion for the release of certain items already tendered as exhibits—specifically, items numbered 1 to 28 and 30 to 39. The court directed that the motion must be refiled, with each exhibit explicitly identified and properly referenced.
While the prosecution expressed readiness to proceed with trial for three consecutive days as previously planned, Agabi requested a pause to allow for client consultation.
The matter was consequently adjourned to May 7 for the continuation of trial, specifically for the examination-in-chief of the second prosecution witness, BBB.
