Aloy Ejimakor, a member of the legal team representing Nnamdi Kanu, the self-declared leader of the Indigenous People of Biafra, was cautioned by the Federal High Court in Abuja on Wednesday against acting in an unprofessional manner.
The judge warned that he might be disbarred for such behavior.
Justice James Omotosho, the trial judge, particularly warned Ejimakor not to disseminate false material on social media.
The warning came when Chief Adegboyega Awomolo (SAN), the principal attorney for the prosecution, wrote a complaint letter on May 14.
The principal defense attorney, Kanu Agabi (SAN), alerted the court to the letter, which expressed concerns with several of the defense team’s publications.
Awomolo attested to having written the letter, which contained concerns against Kanu’s trial proceedings being recorded and streamed live. He called it “embarrassing” that the trial was posted on social media and asked the court to mandate that everyone entering the courtroom put their phones outside.
In addition, he explicitly charged Ejimakor with posting false information regarding the trial on social media. Awomolo criticized the behavior as being unethical and stated, “My juniors informed me that the court proceedings were being streamed online.”He also mentioned that Ejimakor uses social media to post contentious statements regarding the trial. Agabi responded by saying that the defense team had apologized to the prosecution and to the court for the publications. In response to the matter, Justice Omotosho reaffirmed his commitment to ensuring an accelerated hearing, stating that this was in the best interests of both parties, especially Kanu, who had been detained for a long time. He recalled a case similar to this one in 2024, in which he presided over the trial of 50 suspected IPOB members, ultimately discharging and acquittal after granting an accelerated hearing despite strategies used by both sides to delay proceedings. “This is part of the noise in the market; it should not distract us from what we went to buy.” Justice Omotosho warned Ejimakor about his behavior, emphasizing that such behavior could result in disbarment. He also cautioned against the dissemination of false news about the trial on social media, noting that some individuals were using the case for online traffic. He noted that some lawyers tend to use such tactics to delay a matter because they don’t want it to end due to their personal interests.
The court then resumed the cross-examination of the second prosecution witness, a Department of State Services agent known by the codename Mr. BBB, who was being questioned by the defense team under the direction of Paul Erokoro, SAN.
Erokoro questioned BBB about Radio Biafra’s continued programming during cross-examination.
“I don’t know,” the witness said, adding that he doesn’t tune in to Radio Biafra.
When Erokoro asked him where he obtained the information he presented to the court, BBB explained that the data was provided by the department responsible for monitoring such broadcasts. He asserted that the information was reliable and “cannot be faulted.”
Erokoro inquired whether the Department of State Services could be influenced by politicians or ministers. In response, the witness stated that the DSS operates under the Office of the National Security Adviser.
He also said the Attorney General of the Federation does not direct the agency’s operations.
On the DSS’s methods of intelligence gathering, the witness revealed that the agency utilises various sources, including human intelligence and social media. He also highlighted that DSS operatives, due to their extensive training, are equipped to gather information effectively when necessary.
When asked if DSS training enables operatives to infiltrate terrorist organisations or recruit members to obtain intelligence, BBB declined to disclose specific methods, stating, “I cannot divulge the methods through which the DSS gathers intelligence.”
Erokoro also asked BBB whether Nnamdi Kanu had informed the DSS that he was kidnapped in Kenya. The witness confirmed that Kanu had made such a claim but clarified that verifying its accuracy was not part of his duties.
He further asserted that the DSS does not have the authority to conduct arrests outside Nigeria’s borders When asked if DSS officers were involved in Kanu’s alleged abduction in Kenya, BBB responded, “I don’t know, but I’m sure it is not our officers because we are an internal security agency, and we don’t operate outside the shores of Nigeria.
Under continued cross-examination, the prosecution’s witness testified that he had heard Nnamdi Kanu claim that soldiers attacked his home, resulting in the deaths of 28 people.
BBB, however, reiterated that Kanu, through his Radio Biafra broadcasts, incited violence, including during the #EndSARS protests. He added that Kanu expressed his determination to achieve Biafra “by all means, including war.”
The witness alleged that Kanu’s inciting comments led to the burning of a police station in Ebonyi State, a Lagos State High Court, and the cargo shed at Murtala Muhammed Airport in Lagos.
BBB also detailed some of the casualties allegedly linked to Kanu’s broadcasts, including an army couple who were killed and beheaded in Orlu by individuals believed to be members of the Eastern Security Network, the armed wing of IPOB. He also mentioned the murder of retired judge Stephen Nnaji.
Meanwhile, Erokoro tendered certified true copies of judgments from three fundamental rights enforcement lawsuits filed by Kanu. These included: A judgment from the Abia State High Court dated January 19, 2022. A judgment from the Federal High Court, Umuahia Division, delivered on October 26, 2022, and a judgment from the High Court of Enugu State, delivered on October 26, 2023.
The court admitted the documents as evidence.
In the judgment delivered by the Abia State High Court, Justice Benson Anya ordered the Nigerian government to pay Kanu N1 billion in damages for the Nigerian Army’s unlawful invasion of his residence in 2017.Following Justice Anya’s ruling that the military invasion of Kanu’s home in September 2017 violated his fundamental rights to life, dignity, liberty, and a fair trial as guaranteed by the African Charter on Human and Peoples’ Rights and the 1999 Nigerian Constitution, Erokoro requested an adjournment, explaining that the defense planned to present a video clip as evidence but needed more time to prepare it. Justice Omotosho granted the request and postponed the case until Thursday, May 22, so that witness BBB could continue to be cross-examined. Source=punch news
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