A Department of State Services (DSS) operative, identified as BBB, testified before the Federal High Court in Abuja on Wednesday, May 21, asserting that the DSS had no involvement in the arrest of Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), in Kenya.
During cross-examination by Kanu’s lawyer, Paul Erokoro, SAN, BBB stated plainly:
“We are confined to Nigeria. We did not arrest or kidnap Kanu in Kenya.”
Testifying as the second prosecution witness before Justice James Omotosho, the DSS officer emphasized that the agency is responsible for internal security operations only and does not engage in foreign missions.
Regarding the status of Radio Biafra, BBB said he could not confirm whether it remains active but acknowledged, “Kanu told us he is the founder of Radio Biafra.”
He also stressed the DSS’s independence from political influence, stating:
“We operate under the Office of the National Security Adviser, not politicians or the Attorney General. While we may receive letters from other government offices, our investigations remain independent and guided by a strict code of neutrality.”
When asked directly whether he took part in Kanu’s alleged arrest in Kenya, the officer replied, “No, I was not part of any such operation.”
Erokoro referenced past court rulings that had declared Kanu’s arrest and detention unlawful. BBB responded, “I’ve read about them online and in newspapers.”
The defence submitted three such judgments into evidence: a January 19, 2022 ruling from the Abia State High Court, and two rulings from October 26, 2022, and October 26, 2023, by courts in Umuahia and Enugu, respectively—all condemning Kanu’s arrest and the invasion of his home.
On the broader issue of dissent, BBB acknowledged:
“There’s nothing wrong with people calling for change through peaceful means.”
However, he claimed Kanu had “resorted to inciting violence and killings through his broadcasts.”
When asked whether Kanu’s call for followers to defend themselves from armed attacks constituted self-defence, BBB countered:
“I’m not aware of any Nigerian law that permits anyone to kill another human being.”
The witness said he was unaware of any directive by Kanu to Simon Ekpa to stop his activities, nor had he heard the DSS Director General advocate for citizens to engage in self-defence. However, he acknowledged a public comment by former Defence Minister, General Theophilus Danjuma, alleging that some security forces were not neutral in the national security crisis.
Midway through the cross-examination, Erokoro requested an adjournment to present video evidence. Prosecuting counsel Adegboyega Awomolo, SAN, objected, arguing that May 21 and 22 had already been allocated for cross-examination. Erokoro explained that the videos were not yet available in court.
Justice Omotosho granted the adjournment but warned:
“The defence must conclude on May 22. If not, the court will deem the cross-examination closed.”
Earlier in proceedings, both lead counsel, Kanu Agabi, SAN, and Awomolo raised concerns about a defence team member allegedly misrepresenting court events on social media.
Agabi said:
“I received a letter from the prosecution about this and will apologise to the court, even though I am unaware of the posts.”
Awomolo confirmed the complaint, dated May 14, and described the case as highly sensitive. He handed his phone to Agabi to show one of the disputed posts, which Agabi recognized.
Justice Omotosho issued a stern warning:
“This is gross misconduct and could lead to disbarment. I won’t name names, but the individual involved knows themselves. These actions only delay justice. Let’s proceed responsibly.”