A Federal High Court in Abuja heard on Thursday that the Eastern Security Network (ESN) set up by Nnamdi Kanu, the self acclaimed leader of the Indigenous People of Biafra (IPOB), is an illegal group unlike Amotekun set up by by the Assemblies of South West states.
An official of the Department of State Services (DSS) made the distinction while testifying as the second prosecution witness in the ongoing terrorism trial of the IPOB leader.
The witness while being re-examined by lawyer to the prosecution, Adegboyega Awomolo (SAN), said unlike Amotekun that is backed by laws passed by the various Houses of Assembly of the six South West states, ESN has no law supporting its existence.
“ESN and Amotekun are not the same. I know that states in the South West passed laws to legalise Amotekun. But, ESN is not registered. ESN is illegal. Amotekun is recognised by law,” the witness said.
The witness agreed that the Director General of the DSS, Mr. Tosin Ajayi once advocated for community policing, but that it must be under the guidance and approval of security agencies as a measure against abuse.
Earlier, a defence lawyer, Paul Erokoro (SAN) tendered three video recordings, contained in a flash drive, which the court admitted in evidence. The three video recordings were subsequently played in open court.
One of the clips showed the DG, DSS speaking at an event where he suggested that communities should endeavour to create a first line of defence against bandits and other invaders.
The DSS boss cited examples of some communities that were able to repel invaders on some occasions and noted that it was practically impossible for security agencies to protect all citizens.
The DSS boss was heard saying: “The practical approach to mobilising people is to get everyone involved. It is impossible for the security agencies to deploy to every part of the country.
“What we need to do is to make communities set up first line of defence. We have to allow some level of armament for the communities to rise and defend themselves first, but under the guidance and approval of security agencies. The time to start it is now.”
When asked by Erokoro whether the DG DSS was not asking for communities to defend themselves, the witness emphasised that the DG stressed that such communities must come for guidance and approval from security agencies.
Another video showed former Defence Minister, General Theophilus Danjuma, addressing a gathering.
Danjuma was heard, in the video, saying members of the armed forces were not neutral in the ongoing killings across the country.
“They collude with the armed bandits that kill people, that kill Nigerians. They facilitate their movements. They cover them. If you are depending on the armed forces to protect you, you will all die one by one,” Danjuma said in the video.
When asked by Erokoro who the speaker in the video was, the witness confirmed that he was General Danjuma.
The witness however rebuffed Erokoro’s request that he shares his opinion on the implication of General Danjuma’s speech. He asked the lawyer to personally contact Danjuma to ask him for the interpretation of his message.
The third video showed Imo State Governor, Hope Uzodinma, complaining of killings in his state, blaming it on opposition politicians.
When asked whether Uzodinma’s position did not contradict the claim by the witness that IPOB members were behind killings in Orlu in Imo State, the witness said his position was informed by the outcome of their investigation.
The DSS operative told the court that while Uzodinma failed to mention names of victims of the killings he referred to, the DSS’ investigation was specific on the identity of those killed by suspected IPOB members, who were enforcing the sit at home order as directed by Kanu.
“Our investigation revealed those who were killed by suspected IPOB members and we mentioned their names, the governor did not mention any name of people he said were killed,” the witness said.
The witness said he is aware that IPOB has been proscribed by an order of court and that Kanu has been a member of IPOB before and after its proscription.
On whether he knew what the EndSARS protest was about, the witness said it was about the call by some people for the scrapping of the Police Special Anti Robbery Squad (SARS).
The witness also said he was aware that some states, including Lagos and the National Human Rights Commission (NHRC) constituted commissions of enquiry to probe the EndSARS protest and other related incidents.
He agreed with Erokoro that the report from the commission set up by Lagos State did not indicate IPOB and that it did not classify the protest as an act of terrorism.
Erokoro tendered the report issued by the Lagos’s commission of enquiry, which the court admitted in evidence.
Justice James Omotosho, before adjourning for the day, gave the prosecution six days within which to call all its witnesses and conclude its case.
The judge also indicated that the defence would be given nine days.
Following an agreement by lawyers to the parties,the judge adjourned till May 28 and 29, June 6, 16, 18 and 19 for the prosecution to conclude its case.
