The Department of State Services (DSS) has stated that its operations are strictly limited to Nigeria’s territorial borders and has disassociated itself from the contentious arrest of Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), in Kenya.
This statement was reportedly made during the cross-examination of a prosecution witness—a DSS intelligence officer known by the code name BBB.
In his testimony, BBB was questioned about the DSS’s purported participation in Kanu’s arrest as well as its capacity to function outside of Nigeria.
He adamantly claimed that the DSS only functions inside Nigeria’s boundaries and that the organization does not have the authority to make arrests outside of it.
BBB refuted claims that the organization was behind Kanu’s kidnapping in Kenya by stating, “We do not have the powers to effect arrest beyond Nigeria’s borders.” In 2021, Kanu had stated that he had been “kidnapped” from Kenya and brought back to Nigeria by force.
The witness also provided clarification on the DSS’s organizational structure, indicating that it functions independently of political influence and is housed within the National Security Adviser’s (NSA) office.
In response to the question of whether politicians or ministers have the power to influence the DSS, BBB affirmed the agency’s independence by confirming that the Attorney General does not oversee its operations.
Regarding intelligence collection, BBB clarified that the DSS uses a range of resources, such as social media, human intelligence, and other channels, and that its agents are properly educated to obtain information as required.
After being questioned further, the DSS witness admitted that Kanu’s Radio Biafra broadcasts had incited violence, particularly during the 2020 EndSARS protests. According to BBB, Kanu has indicated that he was prepared to use all measures necessary, including armed conflict, to achieve the establishment of Biafra.
The witness also pointed out that Kanu’s divisive remarks were a factor in events like the burning of the Lagos State High Court, a police station in Ebonyi State, and the cargo shed at Lagos’s Murtala Mohammed Airport.
Defense attorney Paul Erokoro asked for an extension at one point in the proceedings so they could submit a video clip they planned to use as evidence.
The court approved the plea and admitted certified true copies of the rulings in three cases pertaining to the enforcement of fundamental rights that Nnamdi Kanu had filed in different venues, including the High Court of Enugu State, the Federal High Court in Umuahia, and the Abia State High Court.
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Trial judge Justice James Omotosho opened the day’s proceedings by issuing a warning about improper use of social media and live broadcasting of court proceedings.
The judge expressly warned defense team member Aloy Ejimakor not to share false information on social media.
Kanu Agabi, the lead defence lawyer, has expressed concerns about the trial’s unlawful live streaming, specifically mentioning Ejimakor’s conduct. To stop more infractions, Agabi recommended that cell phones be prohibited in courtrooms.
In response, Justice Omotosho emphasized the value of professionalism throughout the trial, pointing out that the matter is too serious to be treated lightly. Additionally, he forewarned Ejimakor that persistent misbehavior might result in disciplinary action, which might include disbarment.
In her closing remarks, Justice Omotosho reiterated the importance of a speedy hearing for the benefit of all parties, particularly Nnamdi Kanu, who has been detained for a long time. To allow for the completion of the second prosecution witness’ cross-examination, the case was postponed to Thursday, May 22.
