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From Godwin Tsa, Abuja
The Federal High Court in Abuja on Thursday admitted in evidence the extra-judicial statements and video recordings of six defendants accused of plotting to violently overthrow the government of President Bola Tinubu. It rejected their claim that the statements were extracted under duress.
Justice Joyce Abdulmalik delivered the ruling at the end of a trial-within-trial. She held that the audio-visual recordings showed no sign of torture or oppression, and that the defendants appeared calm and unruffled.
“I discountenance all objections of doubt. Therefore, all the audio visual recordings were voluntarily recorded and I found no involuntariness in the exercise,” she said.
The judge also rejected the defence argument that a lawyer must be present when a confessional statement is taken, as the Administration of Criminal Justice Act (ACJA), 2015 provides.
Relying on the Evidence Act, 2011 and a Supreme Court decision, she held that a defendant’s recorded statement is admissible where it is shown to be voluntary, even without a lawyer.
In a criminal trial, she said, the Evidence Act takes precedence over the ACJA.
Justice Abdulmalik dismissed the defence’s complaint of prolonged detention.
She also threw out the sixth defendant’s claim that no interpreter was present when his confession was recorded in Hausa.
She said the recordings tendered through the first to fourth prosecution witnesses (PW-1 to PW-4) tallied, and that the defendants “failed to substantiate the allegations of oppression.”
She admitted and marked as exhibits the defendants’ statements, the audio-visual recordings, flash drives, an external drive from the Special Investigation Panel, and the accompanying certificates of compliance.
The Federal Government, through the Office of the Attorney-General of the Federation, arraigned the six on April 22 on a 13-count charge marked FHC/ABJ/CR/206/2026. It was filed on April 20 by the Director of Public Prosecutions of the Federation, Rotimi Oyedepo, SAN.
The defendants are retired Maj.-Gen. Mohammed Gana, retired Navy Capt. Erasmus Victor, Insp. Ahmed Ibrahim, Zekeri Umoru, Bukar Goni and Abdulkadir Sani, listed as first to sixth defendants respectively.
Former Minister of State for Petroleum Resources, Timipre Sylva, is named as part of the alleged plot and is listed as being at large.
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The offences range from treason and terrorism to failure to disclose security intelligence and money laundering linked to terrorism financing.
The prosecution had called four witnesses when defence lawyers objected to the admissibility of the statements and recordings, arguing they were not voluntary. Justice Abdulmalik ordered the trial-within-trial on May 11.
The prosecution closed its case in the trial-within-trial on June 23, and the defendants opened their defence on June 25.
On September 30, the judge adjourned for ruling after prosecution counsel Maryam Okorie and defence lawyers adopted their final written addresses.
PW-4, an army officer identified only as “AAA” for security reasons, tendered the interrogation videos before the trial-within-trial began. He is yet to be discharged from the witness box.
Some of the recordings were played in open court on May 20.
In his video, the fourth defendant, Zekeri Umoru, an employee in the Maintenance Department at the Presidential Villa of Julius Berger Nigeria Plc, said discussions were held on cutting electricity to the Villa to aid the alleged coup. He said he warned that this would immediately trigger investigations and the detention of workers on duty.
He alleged that Col. Mohammed Ma’aji, the alleged mastermind, offered him money through the third defendant, Insp. Ahmed Ibrahim, to recruit 18 to 19 people working inside the Villa, including soldiers, Department of State Services officials and Julius Berger staff.
According to Umoru, Ma’aji said he wanted access to the Villa and could get it “with force” even if those recruited declined to cooperate.
He made the statements while being questioned by members of the Special Investigative Panel that first handled the case.
In another video, the sixth defendant, a Zaria-based Islamic cleric and Imam, said he warned his co-suspects that the plan would fail and that they would be exposed.
He said he was told of the plot and recruited to pray against any leak of information about those behind it.
The judge adjourned the trial to December 7 and 10 for continuation.
