A federal High Court sitting in Abuja has admitted in 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 a video evidence that depicted Kanu’s interrogation by the DSS, noting that only the defendant and his team were visible in the footage.
The witness told the court that what was shown in the video was the standard procedure of the DSS, maintaining that what was tendered was the full recording.
When pressed further, the witness said he could not recall whether he wore a mask during the interview.
The proceeding was halted after Kanu’s lawyer informed the court that he was yet to receive documents he applied to get from the police, which he said would help the case of the defence.
Agabi’s request for an adjournment was opposed by the prosecution which alleged a deliberate ploy by the defence to slow down the pace of the trial.
Awomolo, SAN, stressed that the court he earlier ordered accelerated hearing of the case, adding that he was not aware that the defence team requested for such documents.
More so, the government lawyer disclosed that he had five more witnesses that 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.
In his intervention, Justice Omotosho held that though the practice direction provided for day-to-day hearing in such trial, he said 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 having access to him.
In his response, Agabi, SAN, dismissed the claim and explained that he went to the DSS facility much earlier than the 2pm he was supposed to be there.
Following Agabi’s explanation, Justice Omotosho faulted Aloy Ejimakor, a member of the defence team, 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, particularly on the social media.
The case was subsequently adjourned to May 21 for continuation of 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, on April 25, 2017, granted him bail on health ground after he had spent about 18 months in detention.
Upon the perfection of the bail conditions, he was on April 28, 2017, released from the Kuje prison.
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 later re-arrested in Kenya on June 19, 2021 and extraordinarily renditioned back to the country by security agents on June 27, 2021.
Owing to the development, the trial court, on June 29, 2021, remanded him in custody of DSS, where he remained till date.
On April 8, 2022, the court struck out eight out of the 15-count charge that FG preferred against him on the premise 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 judgement of the appellate court and gave FG the nod to try the IPOB leader on the subsisting seven-count charge.
