The ongoing trial of 36 military officers accused of mutiny and an alleged plot to overthrow President Bola Tinubu’s government took a fresh turn after the second defendant, Colonel Mohammed Ma’aji, challenged the authority of the Defence Headquarters Garrison General Court Martial sitting in Abuja to hear the case.
Ma’aji, in a preliminary objection filed before the military tribunal, asked the court to strike out all charges against him, arguing that the court martial lacked jurisdiction and that the case was fundamentally defective. He specifically urged the tribunal to dismiss counts one to nine in the charge involving the Armed Forces of Nigeria and 35 other accused persons.
A major part of his argument was that the complainant, listed as the “Armed Forces of Nigeria,” was not a legal entity and therefore lacked the capacity to initiate criminal proceedings. He maintained that only natural or legally recognised persons or institutions can sue or be sued, making the charges invalid from the outset.
The accused officer also faulted the substance of the allegations, arguing that the charges relating to an alleged plot to overthrow the Federal Government did not fall within the offence of mutiny as defined under the Armed Forces Act 2004. He said the allegations were more related to offences against the state and constitutional order rather than military discipline or command structure.
Relying on constitutional provisions and judicial precedents, Ma’aji argued that a court martial, being a tribunal of limited jurisdiction, cannot operate beyond powers expressly granted by law. He further insisted that any ambiguity in criminal statutes must be interpreted in favour of accused persons.
He also contended that for a charge of mutiny or incitement to stand, there must be clear evidence of insubordination, refusal of lawful command or organised rebellion against military authority. According to him, the prosecution failed to establish these essential ingredients.
Meanwhile, in a related trial-within-trial before the Federal High Court in Abuja involving six other alleged coup plotters, fresh allegations were raised against Ma’aji. One of the defendants, Zekeri Umoru, alleged in a video presented in court that Ma’aji had threatened to force his way into the Presidential Villa if insiders refused to cooperate.
Umoru further claimed he was recruited to help bring in workers within the Villa and that there were alleged discussions about disabling electricity supply to aid the operation. He also alleged that Ma’aji rejected a ₦100 million demand meant to facilitate access through an ambulance route, insisting he could still gain entry by force, even if it led to “bloodshed.”
The trial judge, Justice Joyce Abdulmalik, adjourned the matter for continuation of proceedings, as the court continues hearing both the main charges and the trial-within-trial evidence.
