News Investigators/ Chief Kanu Agabi, former Attorney-General of the Federation (AGF), on Wednesday, said the report that he was denied access to Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), by the Department of State Services (DSS)’s operatives, was untrue.
Agabi, who is the lead counsel to detained IPOB leader, told Justice James Omotosho of the Federal High Court in Abuja when the judge enquired to know about the genuineness of the reports.
There had been media report that the officials of the DSS refused to allow Agabi from seeing Kanu on Monday as earlier directed by the court.
After the cross examination of the Federal Government’s witness, Justice Omotosho asked if the information was true.
The judge held that Kanu must be given adequate facility and time to defend himself.
“I will not be happy to what I heard in the news that Chief Agabi was denied access to the facility.
“Why you deny access?” the judge asked.
Agabi, who expressed surprise about the report, said the information was untrue.
He said contrary to the report, the officials of the security outfit accorded him with respect.
“No, I was not denied access to the defendant. We had arranged to go there with myself, Ikpeazu, Etiaba, Erokoro. But for some reasons, they were not available.
“When I got to the gate around 1pm, they said our names had not arrived.
“In fairness to them (DSS), they showed me enough respect.
“I said I will come back another date, but a member of my team, wrote on internet that I was denied access,” he said.
Justice Omotosho, who said it was Aloy Ejimakor, a member of the team, that posted the message, directed him to address the court on what informed his actions.
Responding, Ejimakor said he thought Agabi was upset that he was denied access to Kanu when they spoke on the phone, a position the ex-AGF countered and explained that he got angry because Ejimakor gave him the wrong time for the appointment.
“When I got to the gate, our names were not there. I called him (Ejimakor) twice and he didn’t pick.
“And because I have scheduled another meeting with gold club, that was why I left.
“Later, he (Ejimakor) called me to come back and that was why I was angry,” he said.
Ejimakor, however, admitted that though the DSS gave them 2pm for the visitation, he gave the defence team 1pm so that everyone would be timely.
He said when he got to the gate, the officers were very remorseful and felt sorry that Chief Agabi was prevented from entering.
He said they told him that it was because their letter had not arrived at the time Agabi came.
He said after he had seen Kanu in the facility, they promised to give them consolatory visitation.
But the judge cautioned Ejimakor against going on internet without confirming the veracity of information.
“I want to caution you on what you put on public domain,” he said, and the lawyer apologised to the court.
Chief Adegboyega Awomolo, SAN, who appeared for the Federal Government, said it is not every issue discussed that should be out on internet.
“Let us be careful the way we use social media,” Awomolo said.
“I brought this issue because I thought the counsel was being denied access to the defendant.
“The issue of social media, I will take it as a word of advice from our elder, Chief Awomolo,” the judge said.
The judge then adjourned the matter until May 21 and May 22 for continuation of trial.
Earlier in the proceedings, Awomolo tendered through the 2nd prosecution witness (PW-2) a document described as the death certificate of the late Senior Special Adviser to former President Goodluck Jonathan on Political Affairs, Ahmed Gulak.
The court admitted the document in evidence in the absence of any objection from the defence.
Upon a request from Awomolo, the document, with hospital number: 013/931, dated July 18, 2021 was read by the witness.
From the report, the witness said Gulak was shot dead on May 30, 2021 by some hoodlums believed to be members of IPOB
While being cross examine by Agabi, the witness said the video recording the interrogation session with Kanu in which he participated on July 17, 2021 was a true reflection of what transpired during the encounter.
He rejected Agabi’s suggestion that the video was not a complete reflection of what happened because it only showed the defendant and his two lawyers.
The witness also rejected Agabi’s suggestion that Kanu was kept in solitary confinement, claiming that the DSS does not keep people in solidarity confinement.
He agreed with Agabi that solitary confinement of a person for a long time constitutes cruel and inhuman treatment.
He however, insisted that it was not part of DSS’ practice to subject detainees to such act
The witness rejected Agabi’s claim that Kanu’s long detention had caused him psychological damage, saying he was not familiar with the defendant’s history of long detention.
He admitted that the defendant had been in detention since he interrogated him in 2021.
As against claim by Agabi that Kanu had become an angry, frustrated and unhappy man and almost mad because of his prolonged detention, the witness said the defendant did not exhibit such traits when he appeared before them on July 17, 2021.
He also denied knowledge about why the prosecution amended the charge against Kanu many times.
The witness said he did not confront the defendant physically with the AGF who wrote a letter demanding Kanu’s investigation for alleged terrorism activities.
He said: “We confronted him (the defendant) with the letter of the AGF, raising allegations against the defendant.
“We did not confront the defendant with the AGF and other persons who made allegations against him.”
The witness rejected Agabi’s suggestion that the AGF foisted conclusion on the DSS in his letter which informed why no investigation was conducted by the DSS.
He said he was aware that the governors of the south west states came together to form Amotekun to protect the south west for security issues, adding that Amotekun was formed as a vigilante group by governors of the south west.
On whether the AGF wrote the DSS to investigate the formation of Amotekun, the witness said it is not all letters that is sent to the DSS that he sees.
Agabi then sought an adjournment to enable him retrieve some documents from the police, which he said would aid the defendant’s preparation for his defence.
Awomolo opposed the defence’s request for adjournment, arguing that it was unmerited and a way to delay the trial
Justice Omotosho granted the adjournment.
He said Kanu was entitled to be afforded sufficient time and facilities to prepare for his defence.
The judge, however, advised the defence to make good use of the time accorded it and avoid undue delay.
NAN
