A Nigerian military court, the General Court Martial (GCM), is set to deliver its ruling on the admissibility of statements allegedly obtained from military officers accused of plotting to overthrow President Bola Tinubu. The court, presided over by Air Vice Marshal H. I. Alhaji, has been conducting a trial-within-a-trial to determine whether the statements were obtained voluntarily. The defence has argued that the statements do not meet the legal requirements for admissibility.
The defence lawyers have alleged that officials of the Defence Intelligence Agency (DIA) coerced some of the accused officers into making or reproducing false statements. They claim that lawyers or witnesses chosen by the accused officers were not present when the statements were taken, and that video recordings were not made to show the accused officers writing their statements. The defence has also challenged the circumstances under which the statements were obtained.
During the trial-within-a-trial, the prosecution presented evidence aimed at establishing that the statements were made voluntarily and without improper pressure. However, some of the accused officers gave evidence disputing this account and stating that they were subjected to coercion, intimidation, inducement, and physical abuse by DIA officials. Some officers claimed they were led to believe that making particular statements would secure their release from detention.
The accused officers also testified that statements had already been prepared by intelligence officials and that they were subsequently compelled to reproduce or sign the documents, despite having no knowledge of some of the matters contained in them. Some officers stated that they did not personally originate or write the statements attributed to them, but were forced to copy pre-written statements which contained allegations or admissions they claimed were false.
The allegations of coercion and intimidation include claims of involvement by Lt. Col. C. C. Chima and Capt. O. E. Ukpong, who allegedly acted on the instructions of Brig. Gen. Nicholas Ashinze, a senior military intelligence officer and Director of Operations at the DIA. The prosecution, however, presented evidence intended to establish that the statements were voluntarily made by the accused officers.
The court is expected to determine whether the prosecution has established the voluntariness of the statements and whether they satisfy the applicable legal requirements for admission. The ruling, initially scheduled for September 23, 2026, has been delayed three times, raising concerns about the impact on the ongoing trial. The defence has expressed concerns about the possibility of external interference in the proceedings.
The General Court Martial comprises senior officers drawn from the three services of the Nigerian Armed Forces. The trial is a significant stage in the proceedings, with the prosecution tendering the disputed statements as part of the evidence against the accused officers. The defence has maintained that the circumstances surrounding the statements must be examined before the court can rely on them as evidence.
Key points
- The Nigerian military court will deliver its ruling on the admissibility of statements allegedly obtained from military officers accused of plotting to overthrow President Bola Tinubu.
- The defence has argued that the statements were obtained through coercion and intimidation by DIA officials.
- The prosecution has presented evidence intended to establish that the statements were voluntarily made by the accused officers.
