By Ikechukwu Nnochiri

The Department of State Services, DSS, on Wednesday, denied allegation that it kept the detained leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, in solitary confinement.

Kanu, who is facing a seven-count terrorism and treasonable felony charge preferred against him by the Federal Government, has been in the custody of the security agency since 2021.

At the resumed hearing of the case on Wednesday, a DSS operative whose identity was shielded for security reasons continued his testimony as a witness before the Federal High Court in Abuja.

Answering questions while being cross-examined by Kanu’s legal team, led by a former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN, the operative, who was identified as PW- BBB, insisted that “solitary confinement is not a practice of the DSS.”

Agabi, SAN, had expressed his concerns over Kanu’s prolonged detention, alleging that he was kept in solitary confinement.

In his response, the witness refuted the claim and told the court that he was merely an investigator, though he admitted that he was not Kanu’s “handler.”

Not deterred by the response, Agabi, SAN, further queried the legality of Kanu’s continued detention, which he said constituted “cruel and inhuman treatment.”

Responding, the witness told the court that he could not testify about Kanu’s psychological state as it was not part of his investigative duty.

The witness added that he was not involved in drafting the charge against the defendant and could not remember when or how many times FG amended the charge.

I asked if the existing charge before the court was not “speculative,” and the witness said his primary focus was on investigation and not on matters relating to litigation.

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Meanwhile, the court admitted into evidence a medical report and the death certificate of a former presidential aide, Mr. Ahmed Gulak.

The prosecution had alleged that Gulak, who served ex-President Goodluck Jonathan, was murdered in Imo state on May 30, 2021, after Kanu, in a broadcast, ordered his followers to deal with anyone violating his sit-at-home directive.

Trial Justice James Omotoso admitted his death certificate in evidence after it was tendered through the witness.

Kanu’s legal team did not object to the admissibility of the documents.

Equally tendered in evidence by the prosecution counsel, ‎Mr. Adegboyega Awomolo, SAN, included a police report from Owerri, Imo State, linking Gulak’s death to gunmen suspected to be members of the IPOB.

However, Agabi, SAN, challenged the credibility and completeness of video evidence depicting Kanu’s interrogation by the DSS, noting that only the defendant and his team were visible in the footage.

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‎The witness told the court that what was shown in the video was the DSS’s standard procedure, maintaining that what was tendered was the full recording.

When pressed further, the witness said he could not recall wearing a mask during the interview.

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The proceeding was halted after Kanu’s lawyer informed the court that he had yet to receive the documents he had applied for from the police, which he said would help the defence case.

The prosecution opposed Agabi’s request for an adjournment, claiming the defence deliberately ployed to slow down the pace of the trial.

Awomolo, SAN, stressed that the court had earlier ordered an accelerated hearing of the case, adding that he was unaware that the defence team had requested such documents.

More so, the government lawyer disclosed that five more witnesses were ready to mount the box to testify against the defendant.

He decried that the case had stalled for ten years due to needless applications by the defence team.

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In his intervention, Justice Omotosho held that though the practice direction provided for day-to-day hearing in such trials, the court was minded to accede to the adjournment request in the interest of justice.

Nevertheless, before he adjourned the case, the trial judge sought clarification over claims that the DSS barred Kanu’s lawyers from accessing him.

In his response, Agabi, SAN, dismissed the claim and explained that he went to the DSS facility much earlier than the 2 pm he was supposed to be there.

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‎Following Agabi’s explanation, Justice Omotosho faulted Aloy Ejimakor, a defence team member, who made a social media post that accused the DSS of stopping them from seeing the defendant.

The court cautioned Ejimakor against unprofessional conduct and urged all counsel to verify information before publishing it, particularly on social media.

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The case was subsequently adjourned to May 21 for continuation of the hearing.

It will be recalled that Kanu was arrested on October 14, 2015, upon his return to the country from the United Kingdom.

Following his arraignment, the court granted him bail on health grounds on April 25, 2017, after he had spent about 18 months in detention.

After the bail conditions were perfected, he was released from the Kuje prison on April 28, 2017.

However, midway into the trial, the IPOB leader escaped from the country after soldiers invaded his country home at Afara Ukwu Ibeku in Umuahia, Abia State, an operation that led to the death of some of his followers.

Kanu was re-arrested in Kenya on June 19, 2021 and was extraordinarily renditioned back to the country by security agents on June 27, 2021.

Owing to this development, the trial court remanded him into the custody of DSS on June 29, 2021, where he has remained to date.

On April 8, 2022, the court struck out eight of the 15-count charges that FG preferred against him, stating that they lacked substance.

Likewise, the Abuja Division of the Court of Appeal, on October 13, 2022, ordered Kanu’s immediate release from detention even as it quashed the charge against him.

Dissatisfied with the decision, FG took the matter before the Supreme Court, even as it persuaded the appellate court to suspend the execution of the judgement, pending the determination of its appeal.

While deciding the appeal, the Supreme Court, on December 15, 2023, vacated the appellate court’s judgement and gave FG the nod to try the IPOB leader on the subsisting seven-count charge.

Vanguard News

Alleged Terrorism: DSS denies keeping Kanu in solitary confinement