The military, on Friday commenced the trial of 36 officers arrested and detained in connection with the alleged plot to overthrow the government of President Bola Ahmed Tinubu.
This is just as lawyers, including a Senior Advocate of Nigeria, faulted what they described as a “secret trial” of the military personnel. The senior lawyers specifically described the trial of 36 officers as “illegal”, arguing that the constitution provides for fair hearing in a military court martial, and that the Armed Forces Act provides that “the concept of an open trial.
Weekend Trust reports that the serving military officers had been in detention since October last year over the alleged offence.
When the trial commenced on Friday, journalists, who arrived as early as 8:00am were barred from covering the trial, which was held at the Scorpion Mess, Asokoro, Abuja.
One of our correspondents reports that the defendants, who arrived at the court at about 8:55 am were conveyed in an Army Headquarters Garrison bus that was followed by a Defence Intelligence Agency detention operations vehicle.
Shortly after their arrival, journalists were turned back by the operatives stationed at the entrance of the Barracks, saying “there was no order to allow the media to cover.”
The federal government, on Tuesday, arraigned the six individuals that were accused of the same offence before a Federal High Court sitting in Abuja.
The judge, Justice Joyce Abdulmalik had also fixed Monday, April 27 for commencement of trial of the accused persons including a former governor of Bayelsa State, Timipre Sylva, who was said to be at large.
At their arraignment, the six accused persons denied the 13-count treason charges brought against them by the federal government, arguing that they were not involved in what they were accused of.
Officers’ names and ranks
Although the military had in October last year revealed that only 16 serving personnel were arrested, more than 30 officers were sighted in the bus.
The serving military personnel reportedly detained include: Brig.-Gen. M. A. Sadiq, Col. M. A. Ma’aji, Lt.-Col. IM Hussain, Lt.-Col M. Almakura, Lt.-Col P. Dangnap, Lt.-Col S. Bappah, Lt.-Col A. A. Hayatu, Lt.-Col. S.M. Gana, Wing Com I.U Yusuf, Maj. M. M. Jiddah, Maj. H. Yusuf and Maj A. D. Dauda.
Others include: Maj. JM Ganaks, Maj. D. Yusuf, Maj. J Iliyasu, Maj. M. A. Usman, Maj. A. Mohammed, Maj. I. I. Idris Lt.-Cdr D. B. Abdullahi, Sqn Ldr S. B. Adamu, Sqn Ldr NG Zuzu, Capt. G Binuga, Capt I. Bello, Capt A. A. Yusuf, Capt I. U. Zubair, Capt. M. L. Muhammed, Lt. S. S. Felix, among others.
The court martial panel
According to a convening order signed by AM Alechenu, Commander of the Defence Headquarters Garrison and dated 17 April, military police, naval police, air police including Guards Brigade personnel are securing the venue.
The order added no one is allowed to bring weapons into the court room except the court guards who are only allowed to “carry arms around the court premises on every day of proceedings.”
It also stated that the panel was constituted pursuant to the Armed Forces Act, Cap A20, Laws of the Federation of Nigeria 2004.
Findings showed that the newly constituted panel is being presided over by Air Vice Marshal H.I. Alhaji as President.
Other members of the panel include Major Generals UT Opuene, IB Abubakar, NUC Ogili, SA Emmanuel and FU Mijinyawa; Rear Admirals D.M. Ndanusa and MK Igwe; as well as Air Vice Marshals M.A. Isah and A.O. Kotun while Air Vice Marshal M.M. Omar is listed as the waiting member.
Legal guidance is to be provided by the Judge Advocate, A. Mohammed, a Lieutenant Colonel.
The convening order further outlines key support appointments, naming a liaison officer, prosecuting officers drawn from the three services (Army, Air Force and Navy), a technical team, supervising officers, and a court secretariat to handle administrative duties.
The order notes that the proceedings will be conducted under the authority conferred by the Armed Forces Act. It further requires that, upon the conclusion of the trial, the President of the GCM must forward the official record within a defined timeframe.
Although the convening order did not set out the specific charges in detail, it notes that “the charges are to be served on the accused persons individually.”
The order further affirms that both the prosecution and defence will be allowed to present witnesses in accordance with the provisions of the Evidence Act 2023. It also guarantees accused persons the right to legal representation of their choosing.
“Accused persons are entitled to defence counsel of their choice. However, accused persons are to inform the Convening Authority of their counsel not later than 24 hours before the commencement of the trial,” it stated.
In addition, it provides that “where an accused fails to secure a Defence Counsel, the Convening Authority will appoint one for him at no cost.”
Terminate charges at court martial, Falana tells AGF
Reacting to the development, human rights lawyer and Senior Advocate of Nigeria, Femi Falana, demanded the termination of the 36 military officers indicted in alleged coup plot for being anchored on an illegal charge.
In a statement on Friday, Falana asked the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to exercise his powers under Section 174 of the Constitution by terminating the matter.
“I am compelled to call on the AttorneyGeneral of the Federation and Minister of Justice to exercise his powers under Section 174 of the Constitution by terminating the illegal charge before the General Court Martial.
“Thereafter, the Attorney-General should proceed to charge the 36 accused military officers before the Federal High Court,” the statement read in part.
According to Falana, the planned prosecution of the military officers by a military court is a gross contravention of Section 251 of the Constitution, which has conferred jurisdiction on the Federal High Court to try treason and treasonable offences.
He said, “Since the Constitution has provided for equality of citizens before the law, the planned trial of six suspects in the Federal High Court and 36 other suspects in the General Court Martial for the same offence cannot be justified under any law in Nigeria.”
The senior lawyer noted that a General Court Martial lacks the jurisdictional competence to try the offences of terrorism, as well as treason and treasonable felony, under the current constitutional dispensation.
He recalled that even under the defunct military junta, coup plotters were never tried by any General Court Martial and specifically pointed out that military officers who were involved in treason or treasonable felony in 1976, 1990, and 1995 were not tried by court martial but by Special Military Tribunals established under the Treason and Treasonable Decrees.
“Since all treason and other anti-democratic decrees were abolished in 1999 to pave the way for the restoration of democratic rule in Nigeria, any person involved in treason or treasonable felony can only be tried by the Federal High Court,” Falana added.
Similarly, former chairman of the Nigerian Bar Association (NBA), Garki Branch, Obioma Ezenwobodo Esq said the constitution provides for fair hearing a military court martial.
He added that the Armed Forces Act provides that “the concept of an open trial, which can also be referred to as trial in the open, entails a trial that is conducted or carried out in a manner that members of the public can have unfettered access to it.
“But, in a situation where an open court trial will jeopardize or become inimical to national security, the Court Martial shall sit in camera, otherwise referred to as a closed court.”
@Weekend Trust, excluding the headline
