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Judiciary

Court Admits Alleged Coup Plotters’ Statements as Exhibits in Trial-within-Trial

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A Federal High Court sitting in Abuja on Tuesday commenced a trial-within-trial in the ongoing prosecution of six persons accused of plotting to overthrow the government of President Bola Tinubu, by calling its first witness to defend the voluntariness of extra-judicial statements made by the defendants.

The trial-within-trial is aimed at determining whether statements allegedly made by the defendants to military investigators were obtained voluntarily or under duress, coercion, torture, or inducement, as alleged by the defence.

When the proceedings commenced on Tuesday, the trial judge, Justice Joyce Abdulmalik, cautioned parties to restrict themselves strictly to issues relating to the voluntariness of the statements and avoid delving into substantive matters already pending in the main trial.

The prosecution, led by the Director of Public Prosecutions of the Federation (DPPF), Rotimi Oyedepo, SAN, informed the court that it had three witnesses to testify during the trial-within-trial.

He subsequently called the first witness, an officer of the Nigerian Army Corps of Military Police, who is also the fourth prosecution witness in the main trial. While being led in evidence, the witness told the court that the defendants were calm, unagitated, and fully aware of their constitutional rights before making their statements.

He maintained that the investigation process complied with standard operating procedures and best investigative practices as stipulated in the Administration of Criminal Justice Act, 2015.

The prosecution thereafter tendered the statements of the six defendants allegedly obtained by the Special Investigative Panel (SIP) and the Military Police.

Statements relating to the 1st to 5th defendants were admitted as Exhibits A to E respectively, while that of the 6th defendant was admitted as Exhibit F.

The prosecution also tendered a black external hard drive and a flash drive said to contain video recordings of the defendants’ extra-judicial statements, alongside certificates of identification.

Defence lawyers raised no objections to their admissibility during the trial-within-trial, and the court admitted the devices as Exhibits G, G1, H, and H1.

While being led in evidence, the witness repeatedly insisted that no defendant was denied access to legal representation and that all suspects were informed of their rights, including the right to remain silent and the right to engage counsel of their choice.

Speaking specifically on the 1st defendant, a retired Army General, the witness described him as a highly respected senior military officer who remained calm throughout the interrogation process.

According to him, the defendant was placed in a properly ventilated room, cautioned about his rights, and informed that any statement made could later be tendered in court as his own side of the story.

The witness further told the court that the video recordings showed no sign of coercion, intimidation, or inducement, and argued that the similarity between the oral and written statements reinforced the claim that they were voluntarily made.

On allegations that the written statements did not correspond exactly with the recorded video interviews, the witness explained that written accounts could not be word-for-word reproductions of oral interviews because “human beings are not computers.”

He also maintained that the military investigation team employed modern investigative techniques and had no reason to force suspects into making statements.

The witness gave similar testimony regarding the 2nd defendant, identified as Captain Erasmus, stating that the senior military officer voluntarily elected to reduce his oral statement into writing after speaking during the recorded interview.

He denied allegations that the defendant was coerced into pleading for clemency and insisted that all statements were made freely in the interest of justice.

Regarding the 3rd defendant, identified as an Inspector of the Nigeria Police Force, the witness dismissed claims of torture and coercion, stating that the video recordings showed the defendant in a calm and relaxed posture throughout the interview process.

He also rejected suggestions that the defendant may have been restrained outside the camera frame, arguing that the duration and nature of the video showed no signs of tension or force.

On the 4th defendant, identified as Umoru Zekeri, the witness expressed surprise over allegations that the statement was involuntary and maintained that the defendant freely narrated events and locations allegedly known only to him.

The witness also testified that the 5th defendant, identified as Bukar Kashim Goni, willingly gave his account after being informed of his rights and choosing to tell his own side of the story.

Concerning the 6th defendant, the witness explained that an interpreter was provided after the defendant indicated that he could neither speak nor write English fluently. He said the suspect’s statements were translated between Hausa and English in line with fair hearing requirements before they were read back to him for confirmation.

During cross-examination by defence counsel, the witness admitted that he was not a member of the Special Investigative Panel but stated that he participated intermittently in the investigation process.

He also acknowledged that the video recordings shown in court related only to statements made before the Military Police and not those taken before the SIP.

The witness admitted that some video recordings and written statements were made on different dates but maintained that the sequence did not affect their voluntariness so long as they were freely made.

The witness further confirmed that none of the statements tendered before the court bore endorsements by legal practitioners and that no lawyers, 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 the interrogation sessions.

He also admitted that some defendants were not shown physically writing their statements in the videos, explaining that oral accounts were later reduced into writing and endorsed by the suspects after being read back to them.

Counsel to several defendants confronted the witness with discrepancies relating to dates of recordings, the absence of lawyers during interrogations, lack of video footage showing the actual writing of statements, and the non-appearance of cautionary words in some exhibits.

The witness, however, maintained that the investigation process was transparent and conducted in line with military procedures and constitutional safeguards.

After the testimony of the witness, the court adjourned the matter until May 13, 2026, for continuation of the trial-within-trial.

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Judiciary

Alleged 184.5kg Cocaine: Court Dismisses KC Luxury’s Suit Challenging Detention Order

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A Federal High Court in Lagos has dismissed an application by Afolabi Michael Kazeem seeking to overturn an order extending his detention for 30 days over his alleged involvement in the trafficking of 184.5 kilogrammes of cocaine.

The court held that the detention extension order granted on August 20, 2026, was properly issued and backed by the Constitution and relevant drug-control laws.

Kazeem, popularly known as KC Luxury, through his lawyer, Abdulakeem Labi-Lawal, SAN, had asked the court to set aside or strike out the order, arguing that the court lacked jurisdiction to extend his detention.

The lawyer contended that only a Magistrate Court could issue a remand order under Sections 293 to 299 of the Administration of Criminal Justice Act, 2015, describing the detention extension as an unlawful interference with the suspect’s constitutional right to personal liberty.

However, the National Drug Law Enforcement Agency (NDLEA), through its lawyer, Abu Ibrahim, dismissed the argument as a misconception of the nature of the order granted by the court.

Abu maintained that the August 20 order was not a remand order under the ACJA but an extension of detention granted to enable the relevant agency to conduct detailed investigations into the alleged drug-trafficking offence.

According to the ruling, Kazeem was arrested on August 13, 2026, at the departure hall of the Murtala Muhammed International Airport, Lagos, while allegedly attempting to travel to Paris, France.

The NDLEA had told the court that the suspect’s arrest followed the seizure of 184.5kg of cocaine at DHL in Ikeja, Lagos, with the agency alleging that Kazeem, popularly known as KC Luxury, was connected to the shipment.

Delivering judgment on the application on Thursday, Justice Aluko held that Sections 293 to 299 of the ACJA, which deal with remand proceedings, were not applicable to the case before the court.

The judge also held that the court has “exclusive” jurisdiction over drug-related matters by virtue of Section 251(1)(m) of the Constitution and Section 26(1) of the NDLEA Act.

The judge further held that the evidence presented by the NDLEA established reasonable suspicion of a drug-related offence, justifying the temporary deprivation of liberty under Section 35 of the Constitution.

Justice Aluko consequently dismissed KC Luxury’s application, holding that it constituted an abuse of court process and lacked merit.

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POLITICS AND LAWYERS: PRACTICE WHAT YOU PREACH – JUSTICE TAIWO (RTD.)

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I am a lawyer. I studied law and have remained in the practice of law in memory of my late mother, who paid for me to study law at Holborn Law Tutors in the UK. I eventually continued my legal education at the University of Ibadan and graduated from there. She paid almost £7,000 upfront for one year, which was the total tuition fee for one year at that private law school. I will be eternally grateful to her. May her soul continue to rest in perfect peace. We all know what the exchange rate would be today.

In her memory, I decided to remain in the practice of law throughout my legal practice and thereafter, even until now. I tried my hand at property marketing at one time, but I had to drop it, even though I made some money from it. I stopped because it was affecting my legal practice.

There is nothing you do, from my point of view, outside your profession that will not affect your profession. Politics is one of them. Politics itself is an art and a profession, but I must add that, if it is truly for the people and the betterment of the people, it is a good one.

One of the most respected politicians in this country was Chief Obafemi Awolowo, of blessed memory. He practised law and politics successfully, but he was more of a politician. He used his knowledge of law to better the lot of so many people during his lifetime, and, till today, his name remains a reference point in using politics to serve humanity.

Mahatma Gandhi was first a lawyer before he became a politician to serve his people. His name is known more in politics than in law.

Chief F.R.A. Williams was a politician until he dropped politics to devote his entire life to law. He was not a crossbreed. His pathological devotion to law can be seen and read in the political history of Nigeria. In legal practice, to which he committed his entire life after publicly renouncing politics, his invaluable impact is evident in law books, legal records and law reports. He was an enigma and an icon who will forever be remembered, like others too numerous to name, who stayed in the service of law.

The lawyer is meant to be the beacon of society. The lawyer’s creed is to ensure that society is governed according to the law. Chief Gani Fawehinmi was the people’s lawyer. He used the law to better the lot of society. His foray into politics was disastrous because the perception of the lawyer in practice and the lawyer in politics are not symbiotic. They are strange bedfellows.

The people may hail the lawyer in law, but not the lawyer in politics. The ingredients you add to the soup that make a lawyer are different from the ingredients you add to the soup that make a politician. Femi Falana, SAN, my dear friend, was in the same boat as the late Chief Gani Fawehinmi. I feel him more in law now than when he did both.

A lawyer is known to keep to his or her word. Robert Traver, in his book The Anatomy of Murder, stated thus:

“That’s what makes the practice of law, like prostitution, one of the last of the unpredictable professions—both employ the seductive arts, both try to display their wares to best advantage and both must pretend enthusiastically to woo total strangers.”

Joseph Story lived from 1779 to 1845. He was an American lawyer, politician and jurist who served as an Associate Justice of the United States Supreme Court from 1812 until his death in 1845. He stated thus:

“I will not say….that ‘The law will admit of no rival’, but I will say that it is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours…”

Henry David Thoreau (1817–1862) was not a lawyer. He was an American essayist, poet and philosopher. He said:

“The lawyer’s truth is not Truth, but consistency, or a consistent expediency. Truth is always in harmony with herself, and is not concerned chiefly to reveal the justice that may consist with wrongdoing.”

I have gone through the lawyer’s creed, which is to uphold the rule of law, personal dignity and independence; to offer faithfulness, competence, diligence and good judgment while providing vigorous and honest representation without sacrificing professional ethics; to practise with fairness, integrity and civility, avoiding malicious tactics, unnecessary delays or abusive discovery; to show profound respect, candour and courtesy, ensuring that the search for truth and justice remains uncompromised; to the court or tribunal; to make justice accessible to the poor; and to protect the legal profession as a noble calling rather than a mere business.

I have gone this far in order to buttress the topic for discussion. The practice of law and politics can never converge. You cannot be a master of both. You can be successful in both, no doubt, but along the way, there are sacrifices that will most likely be at cross-purposes with the law.

Very few lawyers, like Chief F.R.A. Williams, of blessed memory, have sacrificed politics for law. The political lawyer will criticise anything, even when the law is clear that, without evidence, you are not expected to speculate.

Nowadays, many lawyers in politics take to the airwaves and the print media, especially in this era of social media, to generalise when making statements. How can a lawyer, trained in the practice of law, make general statements on any topic, especially these days when the judiciary, even in retirement, has become a topic for discussion without any evidence? How can people make general statements about Senior Advocates of Nigeria or lawyers generally?

It is pathetic that those who ought to know, by virtue of their level of education, professional qualifications and recognition in the legal community, are more guilty of this. How can a lawyer remain silent even when injustice happens in front of him and behind him, too, but he keeps quiet?

Many keep quiet these days because they want to satisfy their paymasters, even when it is glaring that the legal profession is suffering from their silence and/or complicity and complacency. These days, many voice personal opinions without let or hindrance for personal and political reasons. Some attack their professional colleagues, even the judiciary, when they cannot get what they want, but they must vent their anger on someone. Some are paid to attack or bring down their fellow colleagues, whether at the Bar or on the Bench.

I like the Yoruba language a lot. I am sorry I will not be able to interpret the idioms I will use:

“Tó bá máa jẹ Oshakala, jẹ Oshakala; tó bá máa jẹ Oshokolo, jẹ Oshokolo. Oshakala, Oshokolo kò yẹ ọmọ ènìyàn.”

“Arítení mo ń wí, àfi àpáàdì bó tiẹ̀ mọ́lẹ̀.”

“Kò sí ẹni tí a máa sí idi ẹ̀, tí a kò ní bá ẹ̀ẹ̀pà níbẹ̀.”

Apologies to those who will read this who are not Yoruba, or those who are Yoruba but do not understand these idioms.

To those who criticise, not out of holiness per se, not out of being a “straight” lawyer or simply out of a desire to be fair, but generalise in order to look good or elicit unmerited applause, look in the mirror and think back to whether you have not done anything you accuse others of doing.

In writing or criticising generally, come out, but most importantly, PRACTISE WHAT YOU PREACH BEFORE YOU CRITICISE.

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Judiciary

Appeal Court Affirms Ex-NEXIM Bank MD Orya’s 490-Year Jail Term for ₦2.4bn Fraud

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Justice Muhammed Danjuma of the Court of Appeal, Abuja, on Tuesday, September 8, 2026, affirmed the conviction and sentence of former Managing Director of the Nigeria Export-Import Bank (NEXIM), Robert Orya, by Justice F.E. Messiri of the Federal Capital Territory (FCT) High Court, Abuja.

Orya was convicted and sentenced to 490 years’ imprisonment for bank fraud on Thursday, February 5, 2026.

The convict was arraigned in 2021 by the Economic and Financial Crimes Commission (EFCC) on a 49-count charge bordering on obtaining money by false pretence, forgery, and advance fee fraud involving ₦2.4 billion.

Dissatisfied with the judgment, he approached the appellate court for reprieve.

Leading a three-member panel comprising Justices Ntong Festus Ntong and Ele Ejo Enenche, Justice Muhammed, in a unanimous judgment delivered on Tuesday, dismissed the appeal and affirmed the judgment of the trial court.

Justice Muhammed stated: “I have considered all briefs filed by counsel and have gone through the record of the trial court and adopted it and the issues as formulated by this appellate court in resolving this appeal. I looked at each and every issue and in my final analysis, all the issues formulated for the determination of this appeal are resolved in favour of the respondent and against the appellant. This appeal is devoid of any merit and is hereby dismissed. The judgment of the High Court of the Federal Capital Territory delivered on February 5, 2026, in charge number FSC/SC/CS/487/2021 is hereby affirmed.”

The trial judge, Justice Messiri, had earlier held that the prosecution proved its case beyond every reasonable doubt and found the defendant guilty as charged on all 49 counts.

He sentenced Orya to 10 years’ imprisonment on each count, totalling 490 years. The sentences, however, are to run concurrently.

The convict served as the Managing Director of NEXIM Bank between 2009 and 2016. He was appointed to the position on August 14, 2009, by the late President Umaru Yar’Adua and reappointed by former President Goodluck Jonathan on August 18, 2014.

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