Ahmed Gulak
The Federal High Court sitting in Abuja, on Wednesday, admitted the medical report and death certificate of former presidential aide, Ahmed Gulak, as evidence in the ongoing trial of the detained leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, who is being prosecuted over terrorism-related charges.
The trial Judge, Justice James Omotosho, allowed the documents tendered by the counsel to the prosecution, Chief Adegboyega Awomolo, SAN, through a witness identified simply as BBB, following no objection from the defence team led by Kanu Agabi, SAN.
Awomolo 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 by the Department of State Services (DSS), stating that only the defendant and his team were visible in the footage.
In his response, the witness said, “That is the procedure,” and affirmed that 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 maintained that he was merely an investigator and not responsible for Kanu’s custody or welfare, saying that “Solitary confinement is not a practice of the DSS. I am not his handler”.
The defence counsel further questioned the legality of the prolonged detention, describing it as “cruel and inhuman treatment,” but the witness insisted he was unaware of Kanu’s psychological state and said it was not part of his investigative duty.
Under further scrutiny, the witness said he was not involved in drafting the charges against the IPOB leader and could not confirm the dates of various charges, or to what extent it was amended against the defendant.
Agabi asserted that the charges were “speculative,” to which the witness reiterated he is merely focused on the investigation and not privy to matters relating to litigation.
The proceedings deadlocked after the lead counsel for the defendant informed the Court that he had yet to receive documents they had applied to get from the police to help their case. Agabi, therefore, sought an adjournment, which was opposed by Awomolo.
Citing prior orders of the Court on accelerated hearing, the prosecution said there is a deliberate ploy by the defense to slow down the pace of the trial. Awomolo told the Court that he was not aware of any application for documents.
He prayed the Court to order the defense to continue with cross-examination of the prosecution’s witness, noting that five other witnesses are waiting to give their testimonies.
He said the case had gone on for ten years due to the needless applications by the defence team.
In his intervention, Justice Omotosho stated that though the practice direction provides for day-to-day trial in matters of this magnitude, in the interest of justice, however, he will grant the defence request for a short adjournment to enable them to get the required documents.
Before adjourning, the Judge sought clarification over claims that the DSS barred Kanu’s lawyers from accessing him. Agabi dismissed such a claim, noting instead that he went to the DSS facility much earlier than 2 pm he was supposed to be there.
Justice Omotosho faulted Aloy Ejimakor, a member of the defence team, who made a social media post alleging being stopped by DSS from accessing their client in custody.
The Judge subsequently cautioned Ejimakor against unprofessional conduct and urged all counsel to verify information before publishing, particularly on social media.
Meanwhile, the court has adjourned trial to May 21 at the instance of the defense counsel.
It would be recalled that, Justice Binta Nyako, who initially handled the Kanu matter, had, in April 2022, reduced the 15-count charge of terrorism and treason preferred against him by the Federal Government to seven after she struck out eight of the charges for lacking substance.
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