The Indigenous People of Biafra (IPOB) has accused the Nigerian government of presenting a statement allegedly made by a deceased person as evidence in the ongoing terrorism trial of its leader, Mazi Nnamdi Kanu.
According to a statement released by IPOB spokesman Emma Powerful, during court proceedings on June 13, 2025, a Department of State Services (DSS) agent testifying for the prosecution presented a newspaper publication containing statements allegedly made by an IPOB member known as Emeyiri Uzoma Benjamin, alias "Onye Army."
The prosecution claims Onye Army stated that the group obtained 30 heads for the burial of Eastern Security Network (ESN) commander Nwokike Anyinayo Andy, popularly known as Ikonso, who was killed by security forces in April 2021 in Imo State. The witness further alleged that Kanu had broadcast that 2,000 heads would be used for the commander's burial.
IPOB Challenges Evidence Validity
IPOB strongly refuted these claims, stating that Onye Army is deceased and was allegedly killed while in DSS custody, making it impossible for him to authenticate the statements attributed to him or be available for cross-examination.
"The so-called trial of our leader, Mazi Nnamdi Kanu, which has long degenerated into a circus, reached its lowest point yet in Abuja yesterday," the IPOB statement read. "In a desperate attempt to sustain their collapsed case, the Nigerian government shamelessly presented as evidence a newspaper publication which purportedly quoted a man named Onye Army."
The group emphasized that Onye Army never appeared in court or testified directly. Instead, a DSS operative identified as PW-DDD reportedly read out what a newspaper claimed Onye Army had said, while admitting under oath that he never personally interviewed the individual.
"The most grotesque part of this charade is that Onye Army is dead — killed while in DSS custody. He is not available for cross-examination, verification, or confirmation of any statement attributed to him," IPOB claimed.
Legal Objections Raised
IPOB further argued that the evidence violates several legal principles, including Section 29 of the Evidence Act prohibiting involuntary and unverified confessions, Section 83(1) rendering third-party hearsay newspaper reports inadmissible, and constitutional provisions guaranteeing the accused the right to confront accusers.
The group also challenged the trial's jurisdiction, claiming the Court of Appeal had previously ruled that any alleged offenses occurred in Anambra State and should be tried by the Federal High Court in Awka, not Abuja.
Additional objections included claims that the alleged offense is statute-barred, that Kanu's detention exceeds the maximum penalty for the alleged customs offense, and that a recent inspection of a radio transmitter by Justice Omotosho inside DSS headquarters lacks legal foundation.
Background on Kanu's Case
Nnamdi Kanu, who leads IPOB, faces terrorism-related charges before Justice James Omotosho of the Abuja Federal High Court. The case was transferred to Justice Omotosho after Justice Binta Nyako recused herself following Kanu's declaration that he had lost confidence in her judgment.
Kanu was first arrested in 2017 for advocating for an independent Biafra nation and later released on bail. He subsequently fled to Europe after Nigerian soldiers reportedly invaded his residence in Abia State during Operation Python Dance.
In June 2021, Kanu was rearrested in Kenya and brought back to Nigeria through what IPOB describes as "extraordinary rendition." He has remained in DSS detention since then.
IPOB concluded its statement by calling for the immediate termination of what it termed a "sham trial," declaring that "History will vindicate Mazi Nnamdi Kanu" and that "Justice will prevail."
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