Rita Odafe
The Indigenous People of Biafra (IPOB) have accused the Nigerian government of introducing a statement purportedly made by a deceased person as evidence in the ongoing terrorism trial of their leader, Mazi Nnamdi Kanu.
This allegation was articulated by IPOB’s spokesperson, Emma Powerful.
In proceedings on June 13, 2025, a Department of State Services (DSS) agent, while testifying for the prosecution, presented a newspaper article that supposedly included a statement from an IPOB member named Emeyiri Uzoma Benjamin, also known as Onye Army. Allegedly, Onye Army claimed the group managed to secure 30 heads for the funeral of Eastern Security Network (ESN) commander Nwokike Anyinayo Andy, otherwise referred to as Ikonso, who was killed by security forces in April 2021 in Awomama, Oru East Local Government Area, Imo State.
The prosecution witness claimed that Kanu, during a broadcast, stated that 2000 heads would be required to honor the ESN leader’s burial.
However, in a statement titled ‘The Nigerian Government has ultimately resorted to introducing statements from deceased persons in its failed case against Mazi Nnamdi Kanu’, IPOB refuted the claims about Onye Army, asserting that he had not testified in court.
IPOB further alleged that this individual was killed while in DSS custody.
Contesting the admissibility of this testimony as evidence, IPOB highlighted that Onye Army’s absence prevents any cross-examination to verify the assertions made.
The statement read, “The farcical trial of our leader, Mazi Nnamdi Kanu, which has long devolved into a mockery, hit a new low yesterday in Abuja. In a desperate effort to uphold their crumbling case, the Nigerian government, represented by Awomolo SAN, shamelessly submitted a newspaper article as evidence that misquoted a man named Onye Army. As reported by Vanguard, Onye Army purportedly confessed that Kanu instructed him to kill 2,000 individuals, though he only managed to kill 30.
“Let it be made clear to the Nigerian public and the international community:
Onye Army did not appear in court. He did not provide testimony. There was no direct statement given to the DSS investigators about this matter. What transpired was that PW-DDD—a DSS operative—merely relayed what Vanguard reported as Onye Army’s words. Notably, PW-DDD affirmed under oath that he had no direct interaction with Onye Army and lacked any firsthand knowledge of such a confession.
“The most egregious aspect of this spectacle is that Onye Army is deceased—killed while in DSS custody. He is indisposed for any cross-examination, confirmation, or verification of claims attributed to him. This process evades law and justice, constituting blatant fraud against the court.”
Further condemning the evidence, the statement added, “The Nigerian government has sunk so low as to present hearsay evidence from the graves—fabricated confessions of individuals no longer alive—utilized through newspaper extracts. This shameful behavior disregards 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: Ensuring the accused has the right to confront their accusers.
Section 36(8) of the Constitution: Preventing prosecution when the maximum penalty has already been served or exceeded.”
The statement insisted that Kanu’s trial is inherently illegal, providing multiple justifications for this assertion.
“Beyond the obvious evidentiary deceit, the trial itself remains fundamentally unlawful for several reasons:
“No jurisdiction in Abuja: The Court of Appeal (CA/ABJ/CR/625/2022) has already determined that any alleged offense, if it exists, transpired in Ubulisiuzor, Anambra State, and can only be adjudicated by the Federal High Court in Awka—not Abuja. Continuing the case in Abuja openly defies this binding ruling.
“Infringement of Customs Law (CEMA):
According to Section 178 of CEMA, jurisdiction is confined to where the offense occurred or where the accused resides. Abuja qualifies neither scenario. This trial in Abuja is merely forum shopping and a gross misuse of judicial process.
“Statute-barred offense: The alleged customs violation related to the importation of a transmitter is subject to a five-year maximum limitation period. More than five years have passed, rendering this prosecution legally invalid.
“Prolonged detention: Mazi Nnamdi Kanu has been unconstitutionally held for nearly four years since his unlawful transfer from Kenya. This duration exceeds the maximum penalty for the claimed customs offense, infringing upon his constitutional rights under Section 36(8) and established legal precedents such as Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708.
“Orchestrated inspection exercise: The recent so-called evaluation of a radio transmitter by Justice Omotosho within the DSS headquarters lacks legal grounding. The Court of Appeal had already ruled that such matters are to be resolved in Awka, not Abuja. This performance was nothing more than media manipulation for political gain.”
IPOB concluded, “The entire process is merely a well-scripted media spectacle intended to create sensational headlines, not seek justice. The Nigerian judiciary’s reputation is being compromised on a global platform. Each unlawful act by this government in this case worsens Nigeria’s standing in the eyes of the world.
“We remind the Nigerian government that injustice breeds chaos. No fabricated evidence, deceitful confessions, or forum shopping can extinguish the truth. The world is observing this farce. The only honorable resolution left is to terminate this mock trial immediately.”
Reiterating that “History will absolve Mazi Nnamdi Kanu,” the statement affirmed that “IPOB stands resolute” and “Justice will prevail.”
Mazi Nnamdi Kanu, the head of IPOB, is facing terrorism-related charges before Justice James Omotosho at the Abuja Federal High Court. Initially presided over by Justice Binta Nyako, the case was reassigned to Justice Omotosho after Kanu expressed a loss of confidence in her judgement.
Kanu was first apprehended in 2017 for advocating for a separate Biafran nation and was released on bail. He subsequently fled to Europe after Nigerian forces raided his home in Afaraukwu, Abia State, during Operation Python Dance.
In June 2021, Kanu was re-arrested in Kenya and forcibly returned to Nigeria. He has remained detained at the DSS facility since that time.
