The Lead counsel to the leader of the indigenous people of Biafra, Kanu Agabi, has told the federal high court, Abuja that he was not denied access to his client at the DSS facility.
At the resumed sitting before Justice James Omotosho, Mr Agabi clarified the post made by Alloy Ejimakor on social media, which had suggested that he was not allowed to see Nnamdi Kanu.
Mister Agabi noted that the post made by a member of his team was misleading.
Mr Agabi admitted to having arrived at the DSS facility alone, but was informed that the names of expected visitors had not arrived.
Mr Agabi insisted he was not stopped and was not angry, because he had another engagement with the Golf Club.
Justice Omotosho asked Alloy Ejimakor, who made the post, he responded that to his understanding, the learned Silk was denied access.
The Court was not pleased with the action of Mr Ejimakor, who, without confirmation, made such publication
Justice Omotosho cautioned him to refrain from such actions and also to post a Court document online as a legal practitioner.
Meanwhile, During cross-examination, the prosecution’s 2nd witness, Mr BBB, tendered the death certificate of Ahmed Gulak.
Mr Gulak was a Special Adviser on Political Affairs to former President Goodluck Jonathan
Justice James Omotoso, allowed the documents tendered by the prosecution through a witness identified simply as BBB, following no objection from the defence team led by Kanu Agabi (SAN), alongside Chukwuma-Machukwu Ume (SAN) and Aloy Ejimakor.
The prosecution, led by Adegboyega Awomolo (SAN), presented the documents, which included a police report from Owerri, Imo State, linking Gulak’s death to gunmen suspected to be members of IPOB.
During cross-examination, Agabi challenged the credibility and completeness of the video statement obtained from Kanu during DSS custody, stating that only the defendant and his team were visible in the footage.
The witness responded, “That is the procedure,” affirming it was the full recording. When pressed further, he could not recall whether he wore a mask during the interview.
Agabi raised concerns over Kanu’s prolonged detention and alleged solitary confinement.
The witness, however, maintained that he was merely an investigator and not responsible for Kanu’s custody or welfare, saying: “Solitary confinement is not a practice of the DSS. I am not his handler.”
The defence further questioned the legality of the prolonged detention, claiming it constituted cruel and inhuman treatment, but the witness insisted he was unaware of Kanu’s psychological state and said it was not part of his investigative duty.
Under further scrutiny, the witness said he was not involved in drafting the charges and could not confirm the dates of various charge amendments against the defendant.
Mister Agabi asserted that the charges were speculative, to which the witness reiterated his limited role as an investigator.
In a dramatic turn, the court was told that despite multiple amendments to the charge sheet over several years, the investigating officer had not confronted Kanu with his accusers.
The witness admitted he only presented a letter from the Attorney-General of the Federation (AGF) but did not facilitate any face-to-face encounter.
Tensions rose when Agabi argued that the AGF had directed an investigation long after charges had been filed. The witness said he was unaware of when the charges were filed and insisted he acted only on the directive minuted to him.
On requests for critical documents, Agabi informed the court that the defence had applied for certain police records but had yet to receive them. While Awomolo opposed an adjournment, citing a prior court order for accelerated hearing, Justice Omotoso granted a short adjournment.
“The matter has international and domestic interest,” the judge noted, warning against unnecessary delays. “I am inclined to grant the adjournment today to ensure the defence is properly heard. Please use the opportunity well; we are here for justice.”
Before adjourning, Justice Omotoso sought clarification over claims that Kanu’s lawyers were denied access to him by the Department of State Services (DSS).
While Kanu Agabi (SAN) denied being denied access, the court expressed concern over a conflicting social media post by one of Kanu’s lawyers, Aloy Ejimakor.
The judge cautioned Ejimakor against unprofessional conduct and urged all counsel to verify information before publishing, particularly on social media.
Meanwhile the court has adjourned trial to 21 May at the instance of the Defense counsel.
