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Accused Leader Nnamdi Kanu
By PAMELA EBOH, Awka
The Indigenous People of Biafra (IPOB) on Sunday dismissed the ongoing terrorism trial of its leader, Mazi Nnamdi Kanu, as a circus, adding that it has reached its lowest point.
It said that in a desperate attempt to sustain the case, the Nigerian government, through its lawyer, Awomolo, (SAN), during its last sitting in Abuja presented as evidence a newspaper publication in Vanguard Newspaper publication which purportedly quoted a man named Onyearmy of allegedly confessing that Kanu ordered him to kill 2,000 people, but he managed to kill only 30.
The statement signed by its media and publicity secretary, Emma Powerful, read in part: "Let it be made clear to the Nigerian public and the international community:
“Onyearmy never appeared in court.
"He never testified. His so-called statement was never given in court or even directly to the DSS investigators handling the case. Instead, it was PW-DDD — a DSS operative who merely read out what Vanguard newspaper claimed that Onyearmy said.
"Incredibly, PW-DDD admitted under oath that he never interviewed Onyearmy and had no first-hand knowledge of any such confession.
"The most grotesque part of this charade is that Onyearmy is dead —died while in DSS custody. He is not available for cross-examination, verification, or confirmation of any statement attributed to him. This is not law. This is not justice. This is outright fraud upon the court."
IPOB accused the Nigerian government of descending into graveyard evidence, fabricating confessions of people that are dead and tendering them through newspaper clippings. This scandalous conduct violates every known principle of Nigerian law, including:
"Section 29 of the Evidence Act: Prohibiting involuntary and unverified confessions.
Section 83(1) of the Evidence Act: Rendering third-party hearsay newspaper reports inadmissible.
Section 36(6) of the Constitution: Guaranteeing the accused the right to confront his accusers.
"Section 36(8) of the Constitution: Prohibiting further prosecution where punishment has already been served or exceeded.
Beyond this brazen evidentiary fraud, the trial itself remains fundamentally illegal for several reasons:
"NO JURISDICTION IN ABUJA:
The Court of Appeal (CA/ABJ/CR/625/2022) has already ruled that the alleged offence, if any, occurred in Ubulisiuzor, Anambra State, and can only be tried by the Federal High Court in Awka — not Abuja. The continued proceedings in Abuja are in open contempt of that binding judgment.
"VIOLATION OF CUSTOMS LAW (CEMA):
Under Section 178 of CEMA, jurisdiction lies only where the offence occurred or where the accused resides. Abuja meets neither condition. This Abuja trial is forum shopping and gross abuse of court process.
"STATUTE-BARRED OFFENCE:
The alleged offence of importation of transmitter under CEMA carries a maximum limitation period of five years. More than five years have elapsed, rendering this prosecution legally dead on arrival.
"Excessive Detention:
Mazi Nnamdi Kanu has been illegally detained for nearly four years since his unlawful rendition from Kenya. This far exceeds the maximum penalty for the alleged customs offence, violating his constitutional rights under Section 36(8) and binding case law in Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708.
"Staged Inspection Exercise:
The recent so-called inspection of a radio transmitter by Justice Omotosho inside DSS headquarters has no legal foundation. The Court of Appeal had already ruled that such matters belong in Awka, not Abuja. This exercise was nothing but media choreography to please bloodthirsty political hawks.
"The entire proceeding is nothing but a well-rehearsed media circus designed to produce headlines, not justice. The Nigerian judiciary is being dragged into disrepute before the entire world. Every illegal act by this government in this matter only deepens Nigeria’s global disgrace."
The group reminded the Nigerian government that injustice breeds chaos, saying that no amount of manufactured evidence, fraudulent confessions, or forum shopping will destroy the truth.
"The whole world is watching this charade. The only honorable path left is for this sham trial to be terminated immediately.
"IPOB remains unshaken. Justice will prevail. History will vindicate Mazi Nnamdi Kanu," the separatist group stated.