By Anthony Ochela, Abuja
The Federal High Court Abuja has admitted the medical report and death certificate of former presidential aide, Ahmed Gulak, as evidence in the ongoing trial of Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), who is facing terrorism-related charges.
Justice James Omotoso, who presided over the proceedings, 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).
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 or not 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,” he said.
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 charges and to what extent it was amended against the defendant.
Agabi asserted that the charges were “speculative,” to which the witness reiterated he is merely focused on investigation and not privy to matters relating to litigation.
The proceedings deadlocked after the lead counsel for the defendant informed the Court that he was yet to receive documents they had applied to get from the police to help their case.
Agabi therefore sought an adjournment which was objected to by Awomolo.
Citing prior orders of the Court on accelerated hearing, the prosecutor said there is a deliberate ploy by the defense to slow down the pace of the trial.
Awomolo told the court he was not aware of any application for documents.
He thereby prayed the Court to order the defense to continue with cross examination of the prosecution’s witness, noting there are five other witnesses waiting to give their testimonies.
He said the case had gone on for ten years due to the needless applications by the defence team.
In his intervention, Justice James Omotosho stated that though the practice direction provides for day to day trial in matters of this magnitude, in the interest of justice, however, he will grant the defence request for a short adjournment to enable them get the required documents.
Before adjourning, the judge sought clarification over claims that the Department of State Services (DSS) barred Kanu’s lawyers from accessing him.
Agabi dismissed such a claim, noting instead that he went to the DSS facility much earlier than the 2pm he was supposed to be there.
Justice Omotosho faulted Aloy Ejimakor, a member of the defence team, who made a social media post alleging being stopped by DSS from accessing their client in custody.
The judge cautioned Ejimakor against unprofessional conduct and urged all counsel to verify information before publishing, particularly on the social media.
The court subsequently has adjourned trial to 21 May at the instance of the Defense counsel.
