The Department of State Services (DSS) says it was not involved in the 2021 arrest of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), in Kenya.
The agency said its operational jurisdiction does not extend beyond Nigeria’s territorial boundaries.
This was revealed on Tuesday during the cross-examination of a prosecution witness, codenamed BBB, an intelligence officer with the DSS.
The witness was being questioned by Paul Erokoro, counsel to the defendant, at the federal high court in Abuja.
Asked whether the DSS could be influenced by politicians or ministers, the witness said the agency operates under the office of the National Security Adviser (NSA), and not the Attorney-General of the Federation.
He also stated that the DSS relies on various sources for intelligence gathering, including human sources and social media.
Responding to questions on Kanu’s alleged abduction, the witness said the IPOB leader told him he was “kidnapped” from Kenya and brought back to Nigeria.
But he maintained that the DSS does not have the power to arrest individuals outside Nigeria.
The witness also told the court that Kanu used his platform, Radio Biafra, to incite violence during the EndSARS protests in 2020 and beyond.
He said Kanu had openly declared his commitment to achieving Biafra “by all means, including war.”
According to the witness, these broadcasts contributed to attacks on government infrastructure, including a police station in Ebonyi state, a high court in Lagos, and the cargo section of the Murtala Muhammed Airport.
The defence later requested an adjournment to enable them to tender a video clip as part of their evidence.
The court admitted certified true copies of judgments from three fundamental rights enforcement suits filed by Kanu.
These include judgments from the Abia State High Court, a federal high court in Umuahia, and Enugu State high court.
Earlier in the session, the trial judge, James Omotosho, cautioned against live-streaming court proceedings and warned lawyers, especially Aloy Ejimakor of the defence team, against posting sensitive case materials on social media.
Omotosho said such conduct was unprofessional and could attract disciplinary action.
Lead defence counsel, Kanu Agabi, also raised concerns about social media posts by Ejimakor, describing them as misleading.
He called for a ban on phones in the courtroom, citing a letter from prosecution counsel, Adegboyega Awomolo, on the matter.
Justice Omotosho said the court granted an accelerated hearing in the case due to the prolonged detention of the defendant.
He urged all parties to conduct themselves professionally and avoid actions that could derail the trial.
The judge then adjourned the case to Thursday, 22 May, for continuation of the cross-examination of the second prosecution witness.
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