- Read Part of Kanu Agabi’s cross-examination of FG Witness
A Federal Government’s witness admitted at the Federal High Court in Abuja on Friday that no weapon of terrorism or violence was recovered from the Biafra nation agitator, Nnamdi Kanu, during his arrest on October 15, 2015, in Lagos.
The witness, an official of the Department of the State Service, DSS, code-named PWAAA, also informed the court that no arms of public disturbance were recovered from the lady arrested alongside Kanu.
In a cross-examination conducted by Kanu’s lawyer, Kanu Agabi SAN, the witness said all the items were the personal property of the Biafra nation agitator.
He said the recovered items may not be ordinarily offensive, but the intention of the defendant may be something else.
PWAAA also told the court that he did not analyse any of the items because his mandate was to enforce an arrest and obtain a statement from Kanu.
Answering a question, the DSS operative admitted analysing the cell phone of the defendant, but the report of the analysis was not made available to the court because it was immaterial.
In the 10 years that the items were impounded, he admitted that the properties may have lost their value and become of no use.
He further explained that he did not bring anybody before Kanu to confront him on any issue of terrorism.
The witness also admitted that Kanu’s statement was obtained without the presence of his lawyer.
He admitted not knowing any person put on trial by the federal government on account of agitation for Biafran nation actualization.
According to him, the only one he knows is Simon Ekpa, who he said would soon be brought to the country for trial for supporting Kanu in the agitation.
The witness said he read in the newspapers and on social media about those backing the defendant in the agitation.
He said he does not remember Kanu complaining of corruption in high places, unemployment among youths and tendering apologies to the President for insults hurled at him and negative remarks against Igbo leaders.
The witness further said that he could not remember when Kanu described IPOB as a voluntary organisation that was not involved in carrying arms against the nation.
He admitted that there were killings in some parts of the country, especially in the North, but that the government has been doing its best to stem the tide of the killings.
The witness also said he would not know whether the killings were a result of self-determination agitation.
The items recovered from Kanu and admitted as exhibits are; 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 and1 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.
Also found on him are 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 and 1 Footwear.
Other items are 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 and 10 items altogether.
The last items are 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.
Meanwhile, Justice Omotosho has fixed May 6th, 7th and 8th for the continuation of cross-examination based on the agreement of lawyers.
Below are excerpts of the cross-examination.
Agabi: Did you take my client’s statement with or without his lawyer?
Witness: His statement was taken without his lawyer
Agabi: From the video evidence, were you the person interrogating him?
Witness: I was among.
Agabi: Did you appear in the video?
Witness: No
Agabi: What was your assessment specifically?
Witness: To arrest Nnamdi Kanu and bring him to Abuja and interview him.
Agabi: Apart from the defendant, did you obtain statements from others?
Witness: Personally No
Agabi: At the time of arrest, you withdrew from him all the items presented in court?
Witness: Yes
Agabi: Where those all his personal properties?
Witness: Yes
Agabi: Are there other items that haven’t been presented? Items considered offensive?
Witness: My lord, the items might not be offensive but the action behind it
Agabi: No, answer me correctly. Did you analyse the items?
Witness: My task wasn’t to analyse the items.
Agabi: So you didn’t analyse it?
Witness: I didn’t, except his phone.
Agabi: Is the phone analysis in evidence?
Witness; stutters…. mo because it was considered immaterial
Agabi: Do you agree that most of the items have lost their use function it’s over 10 years?
Witness: yes
Agabi: In 10 years since you first arrested him, have you seen anyone who claims he committed a crime?
Witness: I didn’t
Agabi: You said you found him with someone. Did you find anything incriminating on the person?
Witness; No
Agabi: Did you confirm the person as a facilitator of terrorism?
Witness: No
Agabi: Did you find any instrument of violence on my defendant?
Witness: None
Agabi: Did you contact any of the persons the defendant named in his statement as working with him?
Witness: He didn’t name anybody.
Agabi: Is it only one statement that was obtained from him
Witness: In Lagos, yes, but in Abuja, other statements were obtained.
Agabi: Apart from the defendant, is there any other person standing in trial with him?
Witness: I don’t know
Agabi: I put it to you that in the entire nation, this defendant is the only person standing trial for the agitation of Biafra.
Witness: I don’t have Information to that, all I know is I did the arrest in Lagos
Agabi: From your knowledge, the agitation does not have any other person apart from the defendant.
Witness: Certainly not correct
Agabi: So, who are the rest?
Witness: From the news on social media, I know Simon Ekpa.
Agabi: So, because of what you read from social media, you want my defendant to be sentenced to death.
Witness: I have said what I know, Simon Ekpa is working with him.
Agabi: Is the Simon Ekpa standing trial with my defendant?
Witness: I know he was arrested
Agabi: But is he standing trial with my defendant?
Witness: I don’t know
Agabi: We are keeping count of your I don’t know
Agabi: Is the defendant charged with damaging the properties of people or the government?
Witness: What I know is he is charged with terrorism (goes ahead to define terrorism )
Agabi: But is he charged with damaging anyone’s property?
Witness: Maybe not personal, but remotely. He instructed people to destroy government properties.
Agabi: Do you know a single person who damaged any properties according to my defendants’ instruction?
Witness: It’s not my duty to answer that question.
(He turns to the judge and asks if he can be limited to the questions he answers. The judge says no.)
Agabi: Did my defendant say the nation is suffering from corruption?
Witness: I can’t remember
Agabi: He said the nation is suffering from corruption, true or false?
Witness: That question should not be put to me.
(The judge to the witness: You don’t dictate the questions that should be asked you, answer yes or no.)
Agabi: Do you remember my defendant saying the country lacks infrastructure?
Witness: I can’t remember, but he called the country a zoo
Agabi: Can you remember if he apologised for the uncomplimentary remarks he made about the president and Igbo leaders?
Witness: I can’t remember.
Agabi: You won’t remember if he described IPOB as a voluntary organisation?
Witness: I can’t remember.
Agabi: Do you remember he said IPOB does not engage in an armed struggle
Witness: I can’t remember
Agabi: You know there’s been killings in the country, in Kaduna state?
Witness: Yes
Agabi: The killings, is it from agitation of separation of states?
Witness: No
Agabi: For many years, there’s been killings in Zamfara, is it as a result of agitation for separation?
Witness: No
Agabi: There’s been killing in Benue, is it a product of agitation for separation?
Witness: No
Agabi: There’s killings in Plateau states, is it as a result of agitation of separation?
Witness> No
Agabi: Are our highways safe?
Witness: To some extent, they are safe.
Agabi: Many villagers have lost their lives. Nigerians killed in churches and mosques
Witness: I remember few of those instances
Agabi: Are those killings a product of agitation of separation?
Witness: No
Agabi: Schools have been attacked and students unalived.
Witnes: Yes
Agabi: Are these killings have anything to do with the agitation of separation?
Witness: No
Agabi; Do you say IPOB was proscribed?
Witness: Yes
Agabi: Who were the parties to the action in which IPOB was proscribed?
Witness: the federal govt
Agabi: Do you know if the application was ex parte?
Witness: No
Agabi: Since the proscription of IPOB, do you know any IPOB member that has been prosecuted?
Witness: No
Agabi: Do you know any IPOB member?
Witness: No but I have seen him during a broadcast issuing directives to IPOB members
Agabi: Have you seen any IPOB member being prosecuted?
Witness: No
Agabi: Is it a crime to propagate ideologies?
Witness: No
Agabi: Which are the states to which IPOB message is directed to?
Witness: Majorly south east and south south states
Agabi: Name them
Witness: (He names the south eastern states.)
Agabi: These states have lawmakers, governors, etc, being represented nationally
Witness: Yes
Agabi: And they are constitutionally established
Witness: Yes
Agabi: These states have the security personnel and they receive federal allocation
Witness: Yes
Agabi: Every Nigerian lives in all the states you mentioned.
Witness: Yes
Agabi: So does it mean the people of these states you mentioned don’t carry out their supposed leaders’ orders?
Witness: There are people in that state who carry out his instructions
Agabi: Do you have evidences ?
Witness: No
Agabi: Are you aware that even the court apologized to my defendant for some of the wrongs done to him?
Witness: I wasn’t in court that day
Agabi: Are you aware the people of the south east are in the DSS, Airforce, military, etc.?
Witness: I’m aware
Agabi: A former inspector general of the police and others are from the south east
Witness: Yes
Agabi: In line with all these offices mentioned, nobody from that region is guilty of the accusations you made against them.
Agabi: We have mentioned states where there’s unrest, and the southeast isn’t part of them.
Witness: We have videos where miscreants commit atrocities and mention Nnamdi Kanu as their leader, and he sent them to do it.
Agabi: Do you have evidence of that?
Witness: Personally, no, but the service has.
