Justice James Omotosho of a Federal High Court in Abuja yesterday sounded a note of warning to Aloy Ejimakor, a member of the Nnamdi Kanu’s legal team and others that are in the habit of posting live streams and court documents on social media.
This was just as the defence team continued with the cross examination of the government’s second witness, code named ‘BBB’ in the ongoing terrorism trial.
The day’s proceedings began with lead counsel for the defence, Kanu Agabi (SAN), informing the court of a letter by the lead counsel for the prosecution, Adegboyega Awomolo (SAN) dated May14 about illegal live streaming of court proceedings. He recommended that phones be banned from the courtroom.
He pointed to the action of Aloy Ejimakor, a member of the defence team who posts misleading information on social media. He noted that the case is too serious for anyone to trivialise in the manner that it’s being done.
Responding, Justice Omotosho noted that he granted an accelerated hearing of the case in the interest of all parties, particularly for Nnamdi Kanu who has been in custody for too long. The judge charged all parties in the case to act professionally to ensure progress.
He further warned Aloy Ejimakor to stop such conduct that may warrant the disbarring of a lawyer. He therefore charged all parties in the case to avoid acts that amount to misconduct and watch what they post on social media.
The case, however, continued with the cross examination of Mr BBB (a personnel of the DSS) by Paul Erokoro who conducted proceedings on behalf of the defence.
On whether the DSS can be influenced by politicians or ministers, the witness stated that the Agency is under the Office of the National Security Adviser (ONSA).
He also clarified that the Attorney General does not teleguide the operations of the DSS. Asked on the mode of intelligence gathering by the DSS, the witness noted that the sources are many, including human, social media, among others.
BBB further says owing to their mode of training, DSS operatives have the capacity to get information where necessary. Probed further, the witness said he was told by Nnamdi Kanu that he was ‘kidnapped’ from Kenya and returned to Nigeria in 2021.
On allegations that the DSS carried out the act, Mr BBB stated that the agency lacks the powers to effect arrest beyond Nigeria’s borders. The witness therefore restated that Kanu, via his ‘Radio Biafra’ broadcasts, incited violence, including during the #EndSARS protests in 2020.
The witness adds that the defendant expressed readiness to make Biafra possible, by all means, including war. Mr BBB stressed that the inciting comments made by the IPOB leader led to the burning of a police station in Ebonyi State, a Lagos State High Court, and the cargo shed of the Murtala Mohammed Airport.
The witness said the casualties from the inciting comments made by Kanu include an army couple killed and beheaded in Orlu by persons believed to be members of the ESN, the military wing of IPOB.
Another was a retired judge, Stephen Nnaji. At some point during cross examination, Paul Erokoro (SAN), sought adjournment, informing the Court that there is a video clip that the defence seeks to tender.
He asked for some time to make that possible. Meanwhile, the court admitted as evidence, certified true copies of judgments of three fundamental rights enforcement lawsuits instituted by Nnamdi Kanu.
These are those of the Abia State High Court of January 19, 2022, Federal High Court, Umuahia division delivered on October 26, 2022 and another by the High Court of Enugu State, delivered on October 26, 2023.
The court consequently adjourned the case till today for the conclusion of the cross examination of the second prosecution witness.
