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.
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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.
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 while in 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.”
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.
Kanu 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.
Agabi further 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. As such, he asked that the matter be adjourned.
Awomolo, however, opposed an adjournment, citing a prior court order for an 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 the trial to May 21 at the instance of the defence counsel.
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