ABUJA, Nigeria — A witness for the Department of State Services (DSS) has told the Federal High Court in Abuja that the agency was not involved in the 2021 arrest of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), in Kenya.
The witness, who testified under the codename BBB for security reasons, made the disclosure on Wednesday, May 21, 2025, during cross-examination by Kanu’s defence counsel, Paul Erokoro.
The witness stated that the DSS is limited to handling internal security issues within Nigeria and does not carry out foreign operations.
“DSS did not kidnap Kanu in Kenya. We are confined to Nigeria. We did not arrest Kanu in Kenya,” he said.
When asked whether the DSS can be influenced by politicians or ministers, the witness clarified that the agency operates under the office of the National Security Adviser and is not supervised by the Attorney-General of the Federation.
Responding to further questions, the witness explained that the DSS gathers intelligence from multiple sources including human informants and social media.
He added that due to the nature of their training, DSS operatives are capable of acquiring necessary information even in complex situations.
During his testimony, the witness also said that Kanu told him he was “kidnapped” in Kenya and brought back to Nigeria in 2021.
However, BBB insisted that the DSS has no authority to arrest individuals outside Nigeria.
He testified that Kanu admitted to owning Radio Biafra and that its broadcasts incited violence, including during the EndSARS protests in 2020.
The witness said Kanu expressed a willingness to achieve Biafra “by all means, including war,” and blamed his inciting rhetoric for the burning of a police station in Ebonyi State, a Lagos State High Court, and the cargo shed at the Murtala Muhammed Airport in Lagos.
Erokoro, at one point, requested an adjournment, informing the court of the defence’s intention to tender a video clip as evidence.
Meanwhile, the court admitted certified true copies of judgments from three fundamental rights enforcement suits filed by Kanu, originating from courts in Abia State, Umuahia, and Enugu State.
Earlier in the day, tension arose between the legal teams.
Lead defence lawyer Kanu Agabi and prosecuting counsel Adegboyega Awomolo raised concerns about the conduct of Aloy Ejimakor, a member of the defence team, who was accused of misrepresenting court proceedings on social media.
Agabi acknowledged receiving a protest letter from the prosecution regarding the matter.
Awomolo confirmed authoring the letter, stating that court proceedings were being streamed live by individuals, including some lawyers, which he said was inappropriate given the sensitive nature of the case.
He warned against trivialising the proceedings or manipulating facts in the public domain.
Presiding judge James Omotosho reminded all parties of the seriousness of the case and emphasised the importance of professional conduct.
He noted that he had granted accelerated hearing in the interest of justice, especially for Kanu, who has been in custody for an extended period.
The judge warned Ejimakor to desist from any behaviour that could result in disciplinary action, including possible disbarment.
