Justice James Omotosho of a Federal High Court in Abuja has warned lawyers involved in the trial of Nnamdi Kanu to desist from acts that could be seen as professional misconduct.
The warning was sequel to complaint and observations concerning a member of the defence team, Aloy Ejimakor and others, said to be in the habit of posting live streaming of proceedings and court documents on the social media.
Kanu is being tried by the Federal Government on charges bordering on terrorism and treasonable felony.
At Wednesday’s proceedings, the lead counsel to the defendant, Chief Kanu Agabi (SAN), informed the court of a letter from the prosecution, dated May 14, wherein the government expressed concerns about some publications the defence team had made.
Agabi, who added that they have apologized to the prosecution about the publications, however clarified that they were not responsible for the publications.
Responding, the lead prosecution counsel, Chief Adegboyega Awomolo (SAN), described as embarrassing what they see in the press with regards to the trial.
He said he is forced to ask the court to make an order that anyone entering the courtroom should deposit his phone outside, adding that information reaching him says that the proceedings of the court were being streamed online.
The senior lawyer specifically mentioned Mr Aloy Ejimakor whom he said makes controversial social media posts about the trial.
Reacting, the judge observed that he had granted accelerated hearing in the interest of both parties and especially because of Kanu who has been held for so long.
He mentioned how 50 suspected IPOB members were arraigned before him in 2024, and how he also granted accelerated trial, even when both prosecution and defence counsel employed several tricks to delay the trial, adding that he eventually discharged and acquitted the 50 defendants.
He, however, advised lawyers representing parties not to dwell on the distractions but to focus on the trial in the interest of justice.
“This is part of the noise they make in the market, it should not distract us from what we went to buy in the market,” Omotosho said.
He however chided Ejimakor yet again for his unprofessional conducts in the course of the trial. “These are some misconducts for which somebody may be debarred,” Omotosho warned.
He also warned against people who post false news about the trial on social media just to generate traffic to their pages.
Meanwhile, under cross-examination by one of Kanu’s lawyers, Chief Paul Erokoro, the witness identified as Mr BBB, stated that the agency is under the Office of the National Security Adviser (ONSA), adding that the Attorney General of the Federation (AGF) does not teleguide the operations of the Department of State Services (DSS).
Answering further questions, the witness said he was told by Nnamdi Kanu that he was ‘kidnapped’ from Kenya and returned to Nigeria in 2021.
On allegations that the DSS carried out the act, Mr BBB stated that the agency lacks the powers to effect arrest beyond Nigeria’s borders.
Meanwhile, the witness therefore restated that Kanu, via his Radio Biafra broadcasts, incited violence, including during the ENDSARS protests in 2020, adding that the defendant expressed readiness to make Biafra possible, by all means, including war.
Mr BBB stressed that the inciting comments made by the IPOB leader led to the burning of a police station in Ebonyi State, a Lagos State High Court, and the cargo shed of the Murtala Mohammed Airport.
The witness said the casualties from the inciting comments made by Kanu include an army couple killed and beheaded in Orlu by persons believed to be members of the ESN the military wing of IPOB. Another was a retired judge, Stephen Nnaji.
At some point during cross-examination, Paul Erokoro sought adjournment, informing the court that there is a video clip that the defence seeks to tender.
He asked for some time to make that possible.
Meanwhile, the court admitted as evidence, certified true copies of judgments of three fundamental rights enforcement lawsuits instituted by Nnamdi Kanu.
These are those of the Abia State High Court of 19 January 2022, Federal High Court, Umuahia division delivered on 26 October, 2022 and another by the High Court of Enugu State, delivered on 26th October 2023.
Justice Omotosho subsequently adjourned the case till Thursday, May 22, for the conclusion of the cross-examination of the second prosecution witness.
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