Society
Coup Trial: Court Rejects Six Suspects’ Bid To Exclude Confessions
The Federal High Court in Abuja on Thursday admitted all proof tendered by the Federal Government in opposition to six suspected coup plotters.
Justice Joyce Abdulmalik, in a ruling after a trial-within-trial, agreed with the prosecution’s arguments that, from the audio-visual recordings of the extra-judicial statements the defendants made, there was no proof of torture or oppression as claimed by them.
The decide, who discountenanced all objections of doubts and claims of involuntariness within the recording of the confessional statements, stated that from the video recordings, the defendants appeared calm and unruffled.
The decide disagreed with the submissions of the defence {that a} lawyer have to be current whereas taking the confessional assertion of defendants in step with the Administration of Criminal Justice Act (ACJA), 2015.
Citing provisions of the Evidence Act, 2011 and a earlier Supreme Court resolution to again her ruling, Justice Abdulmalik held that, opposite to the defence arguments, the place an audio visible recording of an announcement is made by a defendant, and it’s confirmed that there was no component of involuntariness in its making regardless of lawyer’s absence, such assertion shall be admissible in proof in trial.
According to the decide, in felony trial, the Evidence Act takes priority over ACJA.
“I discountenance all objections of doubt. Therefore, all the audio visual recordings were voluntarily recorded and I found no involuntariness in the exercise,” she declared.
The decide, who dismissed the argument of extended custody raised by the defence attorneys, additionally rejected the sixth defendant’s declare that there was no interpreter on the time as his confession was recorded in Hausa Language.
She additionally famous that the audio visible recordings of 1st prosecution witness (PW-1) to PW-4 tallied as there was no proof of torture within the taking of the defendants’ statements.
“The defendants failed to substantiate the allegations of oppression,” she dominated.
Justice Abdulmalik consequently admitted in proof all of the defendants’ extra-judicial statements, together with the audio-visual recording, the certificates of compliance, flash drives, exterior drive from Special Investigation Panel, and the accompanying certificates of compliance. She marked them as reveals accordingly.
The decide adjourned the matter till Dec. 7 and Dec. 10 at 12 midday, for continuation of trial.
The News Agency of Nigeria (NAN) studies that the decide had, on Sept. 30, adjourned for ruling after counsel for the prosecution, Maryam Okorie, and attorneys to the defendants adopted their remaining written addresses and offered their arguments for and in opposition to the applying.
The Federal Government, via the Office of the Attorney-General of Federation (AGF), had, on April 22, arraigned the six defendants on 13-count cost.
The cost, marked: FHC/ABJ/CR/206/2026, was filed on April 20 by the Director, 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 as 1st to sixth defendants respectively.
The former Minister of State for Petroleum Resources, Timipre Sylva, who’s alleged to be a part of the act, is listed as being at giant.
The defendants have been accused of offences starting from treason and terrorism to failure to reveal safety intelligence and cash laundering linked to terrorism financing.
Justice Abdulmalik had, on May 11, ordered the trial-within-trial after defence attorneys objected to the admissibility of the statements and video recordings the prosecution sought to tender.
They argued that the statements weren’t made voluntarily.
The objection was after the prosecution had referred to as 4 witnesses.
The 4th prosecution witness (PW-4), a military officer recognized by the codename “AAA” for safety causes, is but to be discharged from the witness field.
The PW-4 tendered video recordings of the defendants’ interrogations earlier than the trial-within-trial started.
The Federal Government, nonetheless, closed its case within the trial-within-trial on 23 June, after which the defendants started opening their defence on 25 June.
Following the conclusion of their defence, the decide mounted Sept. 30 for the adoption of their written addresses.
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