Court Strikes Out FG’s Evidence Against Nnamdi Kanu Over Lack of Legal Representation During Interrogation
The Federal High Court in Abuja has ruled against the Federal Government in the ongoing trial of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), by striking out key pieces of evidence obtained during his 2015 detention.
Justice James Omotosho, delivering the ruling on Thursday, declared inadmissible the extra-judicial statements Kanu allegedly made while in the custody of the Department of State Services (DSS). The judge upheld the defence’s objection, citing that the statements were made without Kanu’s lawyer present—an omission that violates established legal precedent.
Kanu’s lawyer, Paul Erokoro, SAN, had argued that Supreme Court rulings require a suspect’s lawyer to be present during interrogations, even though Section 17(2) of the Administration of Criminal Justice Act (ACJA) 2015 uses the term “may” in referring to legal representation. Justice Omotosho concurred, emphasizing that binding Supreme Court interpretations now make a lawyer’s presence during confessions mandatory.
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The ruling followed a trial-within-trial to determine whether the statements were made voluntarily. Despite video footage presented by the DSS showing Kanu seemingly calm, the court sided with his consistent claim that he was denied access to his legal team.
Justice Omotosho stressed that the right to legal counsel is a fundamental safeguard in Nigeria’s justice system—especially in serious criminal cases like this. He struck out Kanu’s statements from October and November 2015, along with the accompanying video recordings, effectively removing them from the case record.
Kanu had previously alleged that he made the statements under duress, that he was isolated, threatened, and pressured to implicate former President Goodluck Jonathan and ex-Governor Rochas Okorocha. He also claimed the video recordings had been edited.
A DSS operative who testified refuted those claims, stating that Kanu was treated fairly and served bottled water during interrogations. Nonetheless, the court ruled in Kanu’s favor, reinforcing that due process—especially the presence of legal counsel—must be followed to the letter.
This ruling marks a significant setback for the prosecution, as it disarms them of crucial early evidence in the high-profile trial.
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