Court Orders DSS Probe into Leaked Coup Trial Evidence

By Tekena Amieyeofori

The Federal High Court, Abuja Division, on Tuesday, ordered the Department of State Services (DSS) to investigate claims that evidence tendered in the alleged coup plot case against President Bola Tinubu’s government was leaked and posted on social media.

Justice Joyce Abdulmalik issued the order after prosecution counsel, Rotimi Oyedepo, SAN, told the court that videos admitted as exhibits had appeared online, allegedly posted by controversial activist Martins Vincent Otse, popularly known as VeryDarkMan. Oyedepo said the activist was present in court during proceedings.

The judge directed the DSS to investigate and prosecute anyone found to have violated its earlier order protecting witnesses and exhibits. “The investigation should proceed while the trial continues, since all defendants, through counsel, have denied any involvement,” Justice Abdulmalik ruled.

The six defendants are being tried on 6-count charges bordering on treason, terrorism, and conspiracy to overthrow the democratically elected government of President Tinubu. The DSS arrested them between December 2025 and February 2026, following intelligence of a planned coup. The Federal Government filed charges in March 2026 under suit No. FHC/ABJ/CR/25/2026.

All six pleaded not guilty when arraigned. The defendants include both military and civilian suspects, though the court has withheld full identities of some for security reasons, referring to them as 1st to 6th defendants.

Midway into Tuesday’s session, Oyedepo informed the court he received information that video recordings of defendants’ statements to DSS investigators had surfaced on TikTok and X, posted by VeryDarkMan. He urged the court to order an investigation to trace how the materials got to the activist.

When asked to respond, all six defence lawyers denied involvement. Some asked Oyedepo to file a formal application with supporting affidavit to allow them to respond properly.

Justice Abdulmalik also heard bail applications filed by the defendants. Defence counsel pushed for bail on liberal terms, citing prolonged detention since arrest. The prosecution opposed, arguing the gravity of treason charges and risk of interference with witnesses.

The judge adjourned for trial-within-trial to test the voluntariness of confessional statements. The first, second, and third defendants will open their defence on June 25 and June 30, while fourth, fifth, and sixth defendants will do so on July 1 and July 2. Ruling on all bail applications is scheduled for July 20, 2026.

Earlier, the fourth prosecution witness, identified only as ‘DDD’ for witness protection, urged the court to admit the defendants’ statements and audio-visual recordings as evidence. He testified that the statements were made voluntarily without torture, harassment, or coercion.

On allegations that defendants’ feet were chained, ‘DDD’ said: “It is not true. The feet of the defendants were not chained. They walked into the interview room by themselves. If chains were used, the sound would have been heard in the video played in court earlier today.”

On the absence of lawyers during interrogation, the witness said none of the defendants requested legal representation, family members, Legal Aid Council officials, or a Justice of the Peace.

Under cross-examination, ‘DDD’ maintained that while no lawyers were present, the defendants were neither tortured nor compelled to speak. Five of the six defendants, except the first, allegedly admitted knowledge of the plot in their statements.

This is Nigeria’s first high-profile treason trial since the 1999 return to democracy. The outcome could test the Tinubu administration’s handling of national security threats and judicial independence. The alleged leak of evidence also raises fresh concerns about digital security and witness protection in sensitive cases.

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