PHIL OKOSE, Onitsha
Indigenous People of Biafra, IPOB, has accused the Federal Government of tendering a fabricated dead man’s statement in court as evidence against Nnamdi kanu in a bid for court to give it victory against Kanu.
Making the accusation through her spokesperson, Emma Powerful, it stated that, “In a desperate attempt to sustain their collapsed case, the Nigerian government, through Awomolo, SAN, shamelessly presented as evidence a newspaper publication which purportedly quoted a man named Onyearmy.
Onyearmy allegedly confessed that Mazi Nnamdi Kanu ordered him to kill 2,000 people, but he managed to kill only 30. Let it be made clear to the Nigerian public and the international community:
Onyearmy never appeared in court. He never testified. His so-called statement was never given in court or even directly to the DSS investigators handling the case.
” Instead, it was PW-DDD , a DSS operative who merely read out what the newspaper claimed that Onyearmy said.
Incredibly, PW-DDD admitted under oath that he never interviewed Onyearmy and had no first-hand knowledge of any such confession.
“The most grotesque part of this charade is that Onyearmy is dead, killed while in DSS custody. He is not available for cross-examination, verification, or confirmation of any statement attributed to him. This is not law. This is not justice. This is outright fraud upon the court.
“The Nigerian government has now fully descended into graveyard evidence, fabricating confessions of people they have killed, and tendering them through newspaper clippings.
This scandalous conduct violates every known principle of Nigerian law, including:
“Section 29 of the Evidence Act: Prohibiting involuntary and unverified confessions.
Section 83(1) of the Evidence Act: Rendering third-party hearsay newspaper reports inadmissible.
Section 36(6) of the Constitution: Guaranteeing the accused the right to confront his accusers.
Section 36(8) of the Constitution: Prohibiting further prosecution where punishment has already been served or exceeded.
Beyond this brazen evidentiary fraud, the trial itself remains fundamentally illegal for several reasons:
“The Court of Appeal (CA/ABJ/CR/625/2022) has already ruled that the alleged offence, if any, occurred in Ubulisiuzor, Anambra State, and can only be tried by the Federal High Court in Awka — not Abuja.
The continued proceedings in Abuja are in open contempt of that binding judgment.
“Under Section 178 of CEMA, jurisdiction lies only where the offence occurred or where the accused resides. Abuja meets neither condition.
This Abuja trial is forum shopping and a gross abuse of the court process.
“The alleged offence of importation of a transmitter under CEMA carries a maximum limitation period of five years. More than five years have elapsed, rendering this prosecution legally dead on arrival.
“Mazi Nnamdi Kanu has been illegally detained for nearly four years since his unlawful rendition from Kenya.
This far exceeds the maximum penalty for the alleged customs offence, violating his constitutional rights under Section 36(8) and binding case law in Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708.
“The recent so-called inspection of a radio transmitter by Justice Omotosho inside DSS headquarters has no legal foundation. The Court of Appeal had already ruled that such matters belong in Awka, not Abuja.
This exercise was nothing but media choreography to please bloodthirsty political hawks.
“The entire proceeding is nothing but a well-rehearsed media circus designed to produce headlines, not justice.
The Nigerian judiciary is being dragged into disrepute before the entire world. Every illegal act by this government in this matter only deepens Nigeria’s global disgrace.
“We remind the Nigerian government that injustice breeds chaos. No amount of manufactured evidence, fraudulent confessions, or forum shopping will destroy the truth.
The whole world is watching this charade. The only honorable path left is for this sham trial to be terminated immediately”, IPOB stated.
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