Treason Charge: I was tortured to confess, Kanu’s co-defendant tells court

…as court orders trial-within-trial

The Federal High Court in Abuja, on Tuesday, commenced a
trial-within-trial, to ascertain the veracity of an allegation that
the Department of State Service, DSS, tortured a pro-Biafra
agitator, Chidiebere Onwudiwe, and forced him to sign an
incriminating confessional statement.

Onwudiwe, hitherto faced treasonable felony charge alongside the
leader of the proscribed Indigenous People of Biafra, IPOB, Mr.
Nnamdi Kanu.

The Federal Government had shortly after the IPOB leader was
declared “missing”, applied to separately try him and three-other
pro-Biafra activist, Bright Chimezie, Benjamin Madubugwu and David
Nwawuisi.

In an amended three-count treasonable felony charge it filed
before the court, FG, alleged that the quartet, acting with Kanu
(now at large) and others at large, “on diverse dates in 2014 and
2015 in Nigeria and London, United Kingdom, did conspire amongst
yourselves to broadcast on Radio Biafra monitored in Enugu and
other areas within the jurisdiction of this honourable court,
preparations being made by you and others at large, for states in
the South-East and South-South zones and other communities in Kogi
and Benue States to secede from the Federal Republic of Nigeria
with a view to constituting same into a Republic of Biafra and you
thereby committed an offence punishable under section 516 of the
Criminal Code Act, Cap C77, Laws of the Federation of Nigeria,
2004”.

FG further alleged in the charge marked FHC/ABJ/CR/383/2015,
that Chimezie and Kanu, had between the months of March and April,
2015, imported into Nigeria and kept in Ubuluisiuzor in Ihiala
Local Government Area of Anambra State, a Radio transmitter known
as TRAM 50L, which they concealed in a container that was declared
as used household items, contrary to section 47(2) (a) of the
Criminal Code Act, Cap C77, Laws of the Federation of Nigeria,
2004.

It told the court that Madubugwu had sometimes in the month of
October 2015, had in his possession at his house in Ubuluisiuzor in
Ihiala LGA of Anambra State, one Emerald Magnum Pump Action Gun
with Serial Number TS 870-113-0046 and one Delta Magnum Pump Action
Gun with Serial Number 501, as well as forty-one
cartridges/ammunition without lawful authority or licence and
thereby committed an offence contrary to section 27(b) (i) of the
Firearms Act, Cap. F28, Laws of the Federation of Nigeria.

Meanwhile, at the resumed hearing of the matter on Tuesday,
Onwudiwe who is the 2nd defendant, maintained that he was compelled
under duress by operatives of the DSS, to write incriminating
statements.

Onwudiwe’s lawyer, Mr. Ifeanyi Ejiofor, told the court that his
client was blindfolded and was repeatedly struck with a gun.

Consequently, Ejiofor challenged the admissibility of five
separate statements of the defendant, which FG sought to tender
into evidence before the court.

The prosecution counsel, Mr. M.S. Labaran had applied to tender
the statements through an operative of the DSS that appeared as the
second witness, PW-2, in the matter.

The witness, whose identity was shielded on the order of the
court, testified behind a veil, even as his name was simply given
as “Mr. CD”.

In his Evidence-In-Chief, the PW-2, told the court that he was
the one that took Onwudiwe’s statement at the DSS national
headquarters in Abuja.

He told the court that he was on July 11, 2016, directed by his
superior officer, whose name was given as madam Margret Ewa, to
record the statement of the 2nd defendant.

The witness said the defendant had between July 11 and 26, wrote
five different statements pertaining to what he knew about the
activities of the IPOB.

He said: “On July 11, 2016, I was directed to take statement of
Chidiebere Onwudiwe. When I got the directive, I took him to my
office which I share with other investigators.

“I offered him a chair and administered the word of caution to
him. He then proceeded to give his statement by himself. He wrote
down his statement.

“After he submitted his statement, I kept it in the case-file
and then took him to a superior officer to affirm that he indeed
wrote the statement himself.

“The defendant made several statements because whenever he had
anything to add, he intimated the handlers who in turn inform the
team leader.

“There is a particular department that handle the welfare and
take care of suspects. They are the ones we call the handlers.

“In total, he made about five statements. He made the statements
on July 11, 13 15, 20 and 26. The statements to the best of my
knowledge are all in the case file”.

Following an application by the prosecution to tender the
statements, counsel to the 2nd defendant, objected, insisting that
it was not voluntarily made.

Besides, Ejiofor alleged that the statements were mutilated.

Consequently, the court ordered trial-within-trial in the matter
to ascertain the voluntariness or otherwise of the statements.

Trial Justice Nyako had earlier granted the four defendants bail
to the tune of N10million each, with two sureties in like sum.

The Judge directed that the money should be deposited in cash to
the Chief Registrar of the Court, even as she ordered the
defendants to surrender all their travelling documents and not
travel without leave of the court.

Aside asking all the sureties to swear an affidavit of means,
the court barred all the defendants from attending any form of
rally, press conference or granting of interviews.

Gov Abubakar of Bauchi Congratulates PDP Governor-Elect
Sen Bala Mohammed

Gov Abubakar wishes to congratulate Governor-elect of Bauchi
state Senator Bala Mohammed.

“i congratulate my brother, Sen Bala on this victory at the
polls.

“I am delighted to note that in-spite of the intensity of the
campaigns in our dear state, a peaceful election took place without
bloodshed.

“Let me therefore invite the Governor-elect to join me in
working out the process of a smooth transition.

“I sincerely thank the entire people of Bauchi state for their
support to my administration and urge them to extend the same to
the incoming administration.

“I also urge governor-elect to caution his supporters to be law
abiding while celebrating since the period of campaigns is now
over.

Ali M. Ali
Special Adviser
Media and Strategy
To MA Abubakar