The Federal High Court in Abuja on Monday ordered a joint trial-within-trial to determine whether statements allegedly made by defendants in the ongoing coup plot case were obtained voluntarily.
Justice Joyce Abdulmalik gave the ruling after the prosecution sought to tender extra-judicial statements and video recordings linked to the defendants as evidence in the trial.
Defence lawyers representing the accused opposed the admissibility of the statements and videos, arguing that they were not voluntarily made and were allegedly obtained in violation of legal safeguards.
The defence cited provisions of the Administration of Criminal Justice Act (ACJA) and the Anti-Torture Act, 2017, alleging possible coercion and oppression during interrogation. They also questioned the credibility of the video recordings, claiming they failed to properly document the statement-taking process or show compliance with legal procedures.
Counsel to the fifth defendant, Senior Advocate of Nigeria (SAN) Olalekan Ojo, argued that separate trials-within-trial should be conducted for each defendant since all had challenged the voluntariness of their statements.
However, prosecution counsel and SAN, Rotimi Oyedepo, said the prosecution had no objection to a trial-within-trial but urged the court to adopt a joint process instead of separate proceedings.
After hearing arguments from both sides, Justice Abdulmalik ruled in favour of a joint trial-within-trial to determine the admissibility of the statements.
The court subsequently adjourned proceedings until May 12.
The defendants include retired Major-General Mohammed Ibrahim Gana, retired Navy Captain Erasmus Ochegobia Victor, Police Inspector Ahmed Ibrahim, Presidential Villa electrician Zekeri Umoru, Bukar Kashim Goni, and Zaria-based Islamic cleric Abdulkadir Sani.
They are facing a 13-count charge bordering on treason, terrorism, failure to disclose information, and money laundering over an alleged plot to overthrow the administration of President Bola Ahmed Tinubu.
The alleged coup plot reportedly surfaced in September last year, leading to the arrest of serving and retired military officers, alongside alleged civilian collaborators. Some serving military officers are also facing trial before a General Court Martial over the matter.
Since the commencement of the case, the prosecution has presented three witnesses, while the fifth witness is yet to be discharged. Video evidence was again played in court on Monday before arguments on the trial-within-trial commenced.
