Nigerian Court to Hold Trial-Within-Trial Over Voluntariness of Statements in Alleged Coup Plot Case

The Federal High Court in Abuja on 11 May 2026 ordered a joint trial-within-trial to determine the voluntariness of statements the prosecution tendered in the alleged coup plot trial. Judge Joyce Abdulmalik issued the order after the prosecution sought to tender extra-judicial statements attributed to the defendants and accompanying video recordings as evidence.

Defence lawyers took turns objecting to the admissibility of the statements and video recordings, arguing that the statements were not made voluntarily.

The lawyers cited breaches of safeguards under the Administration of Criminal Justice Act (ACJA), the Anti-Torture Act 2017, and Sections 15 and 17 of the ACJA. They alleged oppression and possible coercion during interrogation and claimed the video evidence did not properly capture the making of the statements or reflect full compliance with procedure.

Defence lawyers urged the court to conduct a trial-within-trial to determine voluntariness before admitting the statements.

Olalekan Ojo (SAN), defence lawyer for the fifth defendant, told the court that since all defendants were objecting it was in the interest of justice to order separate trials-within-trial.

“not afraid of a trial-within-trial.”

“— Rotimi Oyedepo (SAN), prosecution lawyer Prosecution lawyer Rotimi Oyedepo (SAN) said his team was not afraid of a trial-within-trial. He urged the court to conduct a joint trial-within-trial rather than separate proceedings for each defendant. After listening to the arguments, Judge Joyce Abdulmalik ordered a joint trial-within-trial to determine the voluntariness of the statements. She adjourned proceedings until 12 May. On 22 April 2026 the federal government arraigned six defendants in the alleged coup plot case. The defendants are Mohammed Ibrahim Gana (retired major-general), Erasmus Ochegobia Victor (retired navy captain), Ahmed Ibrahim (police inspector), Zekeri Umoru (electrician at the Presidential Villa), Bukar Kashim Goni, and Abdulkadir Sani (Zaria-based Islamic cleric). The six defendants face 13 counts of treason, terrorism, failure to disclose information, and money laundering. They are accused of being part of a conspiracy to topple the President Bola Tinubu-led government. The alleged plot leaked in September 2025. The leak led to the arrest of serving and retired military officers and their alleged civilian conspirators. Some serving military officers are undergoing trial before the General Court Martial over the alleged failed coup. AllAfrica reported that since the trial began the prosecution has called three witnesses. The fifth witness is yet to be discharged. At previous hearings the court played video recordings. The last video was played in court on Monday before arguments on the trial-within-trial began.”