Alleged coup: Court remands suspects to DSS custody and orders expedited hearing

The Federal High Court in Abuja on Wednesday ordered the remand of the alleged coup plotters in the custody of the Department of State Services (DSS).

Judge Joyce Abdulmalik, in a ruling, also ordered an expedited hearing in the case.

Judge Abdulmalik equally ordered the DSS to allow lawyers and family members to meet the defendants within a reasonable time.

The judge then adjourned the case to April 27 for the start of the trial and consideration of the defendants’ bail requests.

The order followed the arraignment of the six defendants by the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, on behalf of the Federal Government.

The federal government had filed a 13-count indictment, marked: FHC/ABJ/CR/206/2026, against the defendants.

The suspects are the retired Maj. Gen.. Mohammed Ibrahim Gana, Retired Captain (NN) Erasmus Ochegobia Victor, Inspector Ahmed Ibrahim, Zekeri Umoru, Bukar Kashim Goni and Abdulkadir Sani, listed as 1st to 6th accused respectively.

Although the former Deputy Minister for Petroleum Resources, Timipre Sylva, is not named among the accused, he is at large.

The defendants were charged with alleged treason and terrorism, including failure to disclose security information, and money laundering related to terrorist financing.

At the heart of the case is the allegation that the defendants conspired in 2025 to undermine the Nigerian state.

They allegedly conspired among themselves to declare war on the State and intimidate, among others, the President of the Federal Republic of Nigeria.

The crime would be punishable under Article 37, paragraph 2, of the penal code.

Previously, when the case was opened, all the lawyers of the parties were in court, except the lawyer of the third accused (Insp Ahmed Ibrahim).

Ibrahim, who caught the judge’s attention, said all efforts to brief his lawyer for the hearing were in vain.

The judge then ordered the case to proceed as the issue involved their arraignment and the lawyers present no defense for the defendants.

Fagbemi, who led a team of federal government lawyers to court, informed the court that the defendants were expected to present their defence.

“Subject to Your Lordship’s convenience, we are ready and request that the charge be read to the accused,” he prayed.

Mohammed Ndayako, SAN, appearing as the first defendant; Chibuike Ukah, counsel for the 2nd defendant; CD Okafor, who represented the 4th defendant; Mohammed Ibrahim, appearing on behalf of the 5th defendant, and Sanusi Musa, SAN, counsel for the 6th defendant, did not oppose Fagbemi’s application.

The judge then ordered the prosecution to be ready for the defendants to accept their defence.

The defendants, however, pleaded not guilty to all charges.

Fagbemi, therefore, requested that the accused be remanded in DSS custody and that the court issue an order for expedited hearing of the case.

Responding, Ndayako, who appeared as the first accused, informed the court of their bail application already lodged before the court, which he said was served on the prosecution early in the morning.

“Let us pray for a brief rendezvous to hear him, my lord,” he said.

According to him, at the request of the Honorable AGF, there should be a warning to be able to see the accused because since October last year we have not been able to see the first accused, until yesterday.

He said this was necessary because they have to prepare for their defense.

Fagbemi, in response, assured the lawyers that they would have access to their clients in accordance with the law.

“I can assure you that your right to interact with your customers will not be denied,” he said.

Ukah, Okafor and Ibrahim, speaking in the same vein, said although they had not been able to see their clients until yesterday, they expressed their satisfaction with the response of the AGF.

According to Ibrahim, Mr AGF’s statement is very reassuring.

However, Musa, who appeared for the sixth accused (Sheikh Abdulkadir Sani), told the court that they had had access to the accused since he was transferred to DSS custody.

“For our part, since the sixth accused was transferred from the DIA (Defence Intelligence Agency) to the DSS, we have no complaint,” the senior lawyer said.

Therefore, he praised the DSS for making it easy for its customer to access it.

When Judge Abdulmalik told other lawyers to consult Musa on the procedure he had followed to meet his client, the lawyer said other defendants had been in DIA custody.

Ibrahim, who had no legal representation, then prayed the court to allow AI Lemu, SAN, to be his lawyer pending his counsel being properly briefed.

Lemu, therefore, volunteered to provide representation for Ibrahim.

Responding to all the reactions from the lawyers, the AGF advised them to ensure that they follow the protocol in the detention center and let the authorities know in time whenever they intend to see the accused.

“I am happy that all of you (lawyers) do not object to the expedited hearing so that we can resolve the matter in time,” he said.