A fresh twist has emerged in the ongoing coup and mutiny trial involving senior military officers and other suspects accused of plotting to overthrow the administration of President Bola Tinubu.
One of the accused persons, Colonel Mohammed Ma’aji, has challenged the authority of the Defence Headquarters Garrison General Court Martial in Abuja to try him over the allegations.
Ma’aji, who is the second defendant in the case involving 36 accused persons, filed a preliminary objection before the military tribunal sitting in Asokoro. He asked the court to strike out the charges against him, insisting that the tribunal lacked the legal powers to entertain the matter.
The officer argued that the charges were defective and incompetent under the law. He also maintained that the Armed Forces of Nigeria, listed as the complainant in the case, was not recognised as a legal entity capable of filing criminal proceedings.
In the objection filed before the tribunal, Ma’aji asked the court to decline jurisdiction and dismiss all nine counts brought against him.
Part of the filing read, “An Order striking out and/or dismissing the charges against the 2nd Accused in Charge No: DHQ/GAR/ABJ/49/ADM for lack of jurisdiction.”
The defence team argued that only persons or institutions recognised by law could sue or be sued. According to Ma’aji, the name “Armed Forces of Nigeria” lacked legal personality and could not validly prosecute criminal charges.
To support the argument, the defence cited several court decisions, including cases involving the Supreme Court and Court of Appeal.
Ma’aji also faulted the substance of the allegations against him. He argued that the accusations did not amount to mutiny under the Armed Forces Act.
According to him, the charges focused more on offences against the Nigerian state and constitutional order rather than military disobedience or rebellion within the armed forces structure.
The defence further argued that there was no evidence of organised insubordination, refusal of lawful military command or rebellion against superior officers, which are key ingredients needed to establish mutiny.
He insisted that the phrase “plot to overthrow the government of the Federal Republic of Nigeria” could not automatically be interpreted as mutiny under military law.
Ma’aji equally relied on previous judicial authorities warning against expanding the interpretation of criminal statutes beyond what the law expressly provides.
While the legal battle continued at the court martial, fresh claims also surfaced at the Federal High Court in Abuja during the separate trial of six alleged coup plotters.
One of the defendants, Zekeri Umoru, in a video evidence played before the court, accused Ma’aji of allegedly threatening to force his way into the Presidential Villa if planned cooperation from insiders failed.
According to Umoru, discussions were allegedly held about cutting off electricity supply within the Presidential Villa to aid the operation.
He claimed he warned those involved that such an action would quickly attract security attention and expose workers inside the Villa.
Umoru also alleged that Inspector Ahmed Ibrahim demanded N100 million from Ma’aji to arrange access through an ambulance route into the Presidential Villa.
However, he claimed Ma’aji rejected the amount and allegedly insisted he could still enter the Villa by force, although “there would be bloodshed.”
The witness told the court he later became uncomfortable with the alleged plan and attempted to distance himself from it.
He also denied claims that he planned to sabotage the Villa’s electricity system.
Justice Joyce Abdulmalik subsequently adjourned the matter for continuation of the trial-within-trial.
Recall that the Federal Government had earlier arraigned several military officers, security personnel and civilians over allegations linked to an alleged plot against President Tinubu’s administration. .
