Justice Joyce Abdulmalik heard of the Federal High Court Abuja. heard on Tuesday that none of those standing trial for attempting to forcefully remove President Bola Tinubu from office was tortured, intimidated or forced to make statements under duress.
This came from a witness brought by the prosecution witness in the trial-within-trial of suspects linked to an alleged coup plot to topple the President, while claiming that those involved made their confessional statements voluntarily.
The account of the unnamed witness, said to be an officer of the Nigerian Army Corps of Military Police, was conveyed by Rotimi Oyedepo, lawyer to the federal government, who said the prosecution had lined up three witnesses for the trial.
Journalists are barred from the court process, which kicked off with the trial-within-trial, which was ordered after defence lawyers opposed the federal government’s attempt to tender video recordings of the defendants’ statements, arguing that the statements were obtained under duress.
Oyedepo, was quoted as saying while being led in evidence, the witness said the defendants were calm and aware of their constitutional rights before making the statements, adding that the investigation complied with the Administration of Criminal Justice Act (ACJA), 2015, and standard investigative procedures.
The prosecution tendered statements allegedly obtained from the six defendants, alongside an external hard drive and a flash drive said to contain video recordings of their extra-judicial statements.
The court admitted the statements and devices as exhibits after defence lawyers raised no objection during the trial-within-trial.
The witness said none of the defendants was denied access to legal representation, adding that they were informed of their rights, including the right to remain silent.
Speaking on Mohammed Gana, a retired Major-General and first defendant, the witness described him as “calm throughout the interrogation process.”
He said Gana was informed that any statement he made could be tendered in court, noting that the video recordings showed no sign of coercion, intimidation or inducement.
On discrepancies between oral interviews and written statements, he said written accounts could not be exact reproductions because “human beings are not computers.”
The witness gave similar testimony regarding Erasmus Victor, a retired naval captain and second defendant, insisting that his statement was made voluntarily.
He also denied allegations that the defendants were tortured or forced to make statements.
On the sixth defendant, an Islamic cleric, the witness said an interpreter was provided because the suspect could not communicate fluently in English.
He added that the statements were translated between Hausa and English before being read back to the defendant for confirmation.
During cross-examination, the witness admitted he was not a member of the special investigative panel but participated intermittently in the investigation.
He also acknowledged that the video recordings shown in court related only to statements made before the military police and not those taken by the panel.
The witness further confirmed that none of the statements tendered before the court bore endorsements by lawyers and that no legal practitioners, civil society representatives or justices of the peace were present during the recordings.
However, he insisted that all the defendants were informed of their rights to legal representation but did not request lawyers during interrogation.
The judge adjourned the matter until May 13 for the continuation of the trial-within-trial.
The federal government, through the office of the attorney-general of the federation, is prosecuting six suspects over an alleged plot to overthrow the Tinubu-led federal government.