Court orders FG to disclose trial materials in Nnamdi Kanu case

Christian George
3 Min Read

The Federal High Court in Abuja, Justice James Omotosho, has directed the Federal Government’s lead counsel, Adegboyega Awomolo (SAN), to serve all necessary documents and materials related to the ongoing trial of Nnamdi Kanu to his defence counsel, Kanu Agabi (SAN).

The order was given during Tuesday’s proceedings in the case involving Kanu, the detained leader of the proscribed Indigenous People of Biafra, who is facing terrorism-related charges.

Justice Omotosho emphasized that all trial materials must be disclosed in advance and clearly listed.

The court insisted that no document would be accepted unless it had been properly served on the defence beforehand.

During the session, the prosecution informed the court that it had filed a motion seeking the release of certain exhibits previously tendered, specifically items numbered 1 to 28 and 30 to 39.

However, the court ordered that the motion be refiled, with each exhibit clearly itemized and referenced.

The trial proceeded with the cross-examination of the first prosecution witness, identified as AAA. Under questioning by Agabi, the witness admitted being unaware that several of the terrorism charges against Kanu had been dismissed by the court. He also acknowledged not knowing the present status of many of the original 15-count charges filed by the Federal Government.

Upon re-examination by the prosecution, AAA claimed Kanu’s actions constituted an attempt to incite the secession of parts of Nigeria.

A second prosecution witness, identified as BBB, told the court that he was assigned by the Attorney General of the Federation to investigate Kanu. He described Kanu as the operator of Radio Biafra and the founder of the Eastern Security Network.

The prosecution’s attempt to submit a letter authorizing BBB’s investigation was challenged by Agabi, who objected on the grounds that the document had not been frontloaded. The prosecution subsequently withdrew the document, and the court accepted the withdrawal.

Tension arose during the hearing over the admissibility of a video presented by the defence. While the prosecution was prepared to continue the trial for three consecutive days, Agabi requested an adjournment to confer with his client.

The matter was adjourned to May 7, when the examination-in-chief of the second witness, BBB, is expected to resume.

Earlier in the proceedings, a dispute emerged over the legal representation of Kanu. A letter from one Charles Ude, claiming to be his lawyer, triggered objections. Lead defence counsel, Chief Kanu Agabi, SAN, disassociated his team from Ude, and Kanu confirmed in court that Agabi remains his official legal representative.

In response to the confusion, Justice Omotosho declared that only 16 of the 26 listed lawyers would be recognized in court. “I don’t want to be pushed to take this case virtually—we have the facility,” he warned.

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