The Federal High Court in Abuja has ordered the Department of State Services (DSS) to investigate allegations that evidence tendered in an ongoing alleged coup plot trial was circulated on social media despite existing court orders aimed at protecting witnesses and sensitive materials.
Justice Joyce Abdulmalik issued the directive on Tuesday after the prosecution informed the court that some exhibits already tendered in evidence had allegedly appeared on social media platforms.
The judge ordered the DSS to determine how the materials found their way online and identify anyone responsible for violating the court’s earlier witness-protection directives.
She further directed that the investigation should proceed alongside the ongoing trial, especially as all six defendants, through their legal representatives, denied any involvement in the alleged leak.
The development arose after prosecution counsel, Rotimi Oyedepo (SAN), informed the court that he had received information indicating that videos tendered as evidence in the case had been posted online by social media personality Martins Otse, popularly known as VeryDarkMan.
Oyedepo told the court that the individual in question was also present among the audience observing the proceedings.
According to him, it had become necessary for authorities to determine how the materials reached social media and who was responsible for their publication.
He urged the court to order an investigation into the matter.
When Justice Abdulmalik requested responses from counsel representing the defendants, all six defence lawyers distanced themselves from the alleged leak.
Some of the lawyers argued that the prosecution should formally file an application supported by an affidavit if it intended to pursue the allegation.
Others maintained that they had no connection whatsoever with the appearance of the materials online.
Following the exchanges, the court proceeded to hear pending bail applications filed on behalf of the defendants.
Defence counsel urged the court to grant bail to their clients on liberal conditions, arguing that they were entitled to their constitutional rights while standing trial.
The prosecution, however, opposed the applications and asked the court to reject them.
After hearing arguments from both sides, Justice Abdulmalik adjourned proceedings to June 25 and June 30 for the first, second and third defendants to begin presenting their defence in the ongoing trial-within-trial.
The fourth, fifth and sixth defendants are expected to present their own defence on July 1 and July 2.
The judge also fixed July 20 for ruling on the various bail applications.
Earlier during proceedings, the prosecution sought the admission of statements allegedly made by the defendants during DSS investigations.
The request came through the fourth prosecution witness, identified only as “DDD”, who testified during the trial-within-trial currently being conducted to determine whether the statements were made voluntarily.
Led in evidence by Rotimi Oyedepo, the witness maintained that all statements obtained from the defendants were given voluntarily and without any form of coercion.
According to him, none of the defendants was tortured, threatened or subjected to harassment during the investigation process.
The witness specifically rejected allegations that the suspects were physically restrained while making their statements.
Responding to claims made by some defendants that their feet had been chained during interrogation, the witness said:
“It is not true. The feet of the defendants were not chained; they walked into the interview room by themselves.”
He added that if the suspects had actually been chained, the sound of the chains would have been audible in the audiovisual recordings that had already been played in court.
The witness also addressed concerns about the absence of legal representatives during the interrogation process.
According to him, none of the defendants requested the presence of a lawyer, family member, representative of the Legal Aid Council or a Justice of the Peace during questioning.
He subsequently asked the court to admit both the statements and audiovisual recordings of the interrogation sessions as evidence.
Under cross-examination by defence lawyers, the witness acknowledged that none of the statements was made in the presence of lawyers, relatives, Legal Aid officials or Justices of the Peace.
However, he maintained that the suspects were not compelled to make the statements and that the interviews were conducted voluntarily.
Following the conclusion of the witness’s testimony and cross-examination, the prosecution formally closed its case in the trial-within-trial after presenting four witnesses.
The six defendants are currently facing prosecution over allegations linked to an alleged plot to overthrow the administration of President Bola Ahmed Tinubu.
The trial has attracted significant public attention due to the nature of the allegations and the ongoing legal battles surrounding the admissibility of statements obtained during investigations.
With the prosecution now closing its case in the trial-within-trial, attention will shift to the defendants, who are expected to begin presenting their own evidence in the coming days as the court continues hearing arguments on the voluntariness of their statements.
