Isaac Samuel
The Federal High Court in Abuja on Monday ordered a joint trial-within-trial to determine whether statements obtained from defendants in the alleged coup plot case were made voluntarily.
Justice Joyce Abdulmalik gave the ruling after the prosecution sought to tender extra-judicial statements allegedly made by the defendants, alongside video recordings, as evidence before the court.
Defence counsel opposed the admissibility of the statements and video recordings, arguing that the confessional statements were not voluntarily made.
The lawyers also contended that the process through which the statements and exhibits were obtained violated safeguards provided under the Administration of Criminal Justice Act (ACJA).
They further challenged the video evidence, insisting that the recordings neither properly captured the process of obtaining the statements nor demonstrated full compliance with legal procedures.
The defence subsequently urged the court to conduct a trial-within-trial to ascertain the voluntariness of the statements before admitting them in evidence.
Counsel to the fifth defendant, Olalekan Ojo (SAN), argued that since all the defendants objected to the admissibility of the statements, justice would be better served if the court ordered separate trials-within-trial for each defendant rather than a joint proceeding.
Responding, prosecution counsel, Rotimi Oyedepo (SAN), said the prosecution was “not afraid of a trial-within-trial,” but urged the court to adopt a joint proceeding instead of conducting separate hearings for each defendant.
After listening to arguments from both sides, Justice Abdulmalik ruled that the court would conduct “a joint trial-within-trial to determine the voluntariness of the statements.”
The matter was adjourned until May 12 for continuation of hearing.
The Federal Government had, on April 22, arraigned a retired army general, Mohammed Ibrahim Gana, alongside five others over an alleged plot to overthrow the administration of President Bola Tinubu.
The defendants are Mohammed Ibrahim Gana, a retired Major-General; Erasmus Ochegobia Victor, a retired Navy Captain; Ahmed Ibrahim, a police inspector; and Zekeri Umoru, an electrician at the Presidential Villa.
Others are Bukar Kashim Goni and Abdulkadir Sani, a Zaria-based Islamic cleric.
They are facing a 13-count charge bordering on treason, terrorism, failure to disclose information and money laundering in connection with the alleged failed coup plot.
The alleged 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 being tried before a General Court Martial over the alleged failed coup.
Since the commencement of trial, the prosecution has called three witnesses, while the fifth witness is yet to be discharged.
At previous proceedings, the court played several video recordings, including another one played on Monday before arguments on the trial-within-trial commenced.
