Court-martial president declares prima facie case against 36 military personnel accused of coup plot before trial opens

Controversy has erupted at the ongoing general court-martial of 36 Nigerian military personnel accused of plotting to overthrow the government, after the tribunal’s president declared that a prima facie case had already been established against the defendants before the prosecution had called any witnesses or presented evidence.

The officers and soldiers face 25 counts including conspiracy, mutiny, and failure to suppress mutiny, allegedly committed between January 2022 and November 2025 in Abuja, Kaduna, and Enugu.

Defence lawyers immediately challenged the court-martial’s jurisdiction, arguing that the allegations amounted to treason, which falls under the exclusive jurisdiction of the Federal High Court. The tribunal dismissed that objection, ruling that the defendants are subject to service law and are being tried for military offences, not treason.

However, during the ruling on the jurisdictional issue, the court-martial president reportedly stated that a prima facie case had been established against the accused. Lawyers for the defence objected, saying the remark suggested the tribunal had prejudged the matter before hearing any evidence. They requested that the court-martial recuse itself.

According to sources, the judge advocate acknowledged that the statement was made in error and apologised. A proposal to remove the wording from the official record was opposed by the defence, and the statement was eventually left unchanged. Defence counsel have since applied for certified copies of the ruling to verify the record.

The court-martial president, Air Vice Marshal H.I. Alhaji, had earlier ruled that the convening order was valid and that the charges were properly framed. The case has been adjourned, while defence lawyers continue to seek access to the disputed ruling.