VeryDarkMan in Trouble as Court Orders DSS to Investigate Leaked Coup Trial Evidence

Department of State Services (DSS) Operative and Martins Vincent Otse popularly known as VeryDarkMan

VeryDarkMan in Trouble as Court Orders DSS to Investigate Leaked Coup Trial Evidence

The Federal High Court in Abuja on Tuesday ordered the Department of State Services to investigate allegations that evidence tendered in the trial of six men accused of plotting to overthrow President Bola Tinubu’s administration was displayed on social media by controversial activist Martins Vincent Otse, popularly known as VeryDarkMan.

The Federal High Court in Abuja on Tuesday ordered the Department of State Services (DSS) to investigate allegation by the prosecution that part of the evidence it tendered in court and served on lawyers to the six men being prosecuted for allegedly attempting to execute a coup plot against President Bola Tinubu were displayed on social media by controversial activist, VeryDarkMan. Justice Joyce Abdulmalik also ordered that if there was any evidence on social media, which contravened the court’s earlier order for witnesses’ protection, the DSS should investigate and bring the perpetrator to book. The judge said the investigation should be conducted while the trial is ongoing since all the defendants, through their lawyers, denied being involved.

Counsel to the prosecution, Rotimi Oyedepo, a Senior Advocate of Nigeria and Director of Public Prosecution of the Federation, had mid-way into proceedings told the court that he got information that some videos tendered in the case were posted on social media by a citizen called VeryDarkMan. He informed the court that the same individual was among the audience. Oyedepo told the court that he watched the video on VeryDarkMan’s social media page and described the development as a national security concern. He noted that the post had garnered more than 6,000 online views and argued that the leak was extremely prejudicial to the proceedings. He further informed the court that VeryDarkMan was present in the courtroom and could potentially explain how he obtained the video.

When asked by the judge to respond, all the six defence lawyers took turns to deny any knowledge of how the video appeared on social media. Counsel to the first defendant, Mohammed Ndayako, a SAN, expressed support for an investigation, stating that his worry was that this was coming at the stage when they were trying to move their bail application, and he was not opposed to an investigation. While some defence lawyers suggested that members of the media covering the trial should also be investigated, counsel to the sixth defendant, Sanusi Musa, a SAN, outrightly opposed the proposal for a probe. He argued that he was surprised that the DPP said the court should investigate the matter and questioned who the suspects were, suggesting that the video might have been leaked from the court, by the DPP, or from the Ministry of Justice. He insisted that whatever the DPP said could not be acted upon without evidence and that if the prosecution wanted an investigation, they should file a formal application.

READ ALSO:

Ruling on the issue, Justice Abdulmalik cited provisions of Section 232(5) of the Administration of Criminal Justice Act, 2015, relating to the protection of vulnerable witnesses and compliance with court orders. The judge subsequently directed the Department of State Services to investigate any evidence on social media that may have breached the court’s earlier orders. She ordered the DSS to identify and bring any culprit before the court, adding that any resulting prosecution would be treated as a separate matter from the ongoing trial.

Earlier, the prosecution urged the court to admit in evidence the statements made to investigators by the defendants. The fourth prosecution witness in the trial-within-trial being conducted to ascertain the voluntariness or otherwise of the statements, made the request while telling the court that the statements were voluntarily made by the defendants, who he said, were not subjected to any form of torture or harassment. The witness, identified as “DDD” and an officer of the Nigerian Army who participated in the investigation, was led in evidence by Oyedepo during which he denied all the allegations by the defendants, including that they were tortured to make the statements in which five of them, except the first, admitted knowing about the plot. On whether the claim by the defendants that their feet were chained, the witness said it was not true and that the defendants walked into the interview room by themselves. He argued that if it was true that they were chained, the sound of the chain would have been heard in the video that was played in court earlier on Tuesday. On why their lawyers were not present while they were being interviewed, the witness said none of them requested to have either their lawyers, family members, officials of the Legal Aid Council or a Justice of the Peace present. He disclosed that the investigation was conducted by a multi-agency team comprising the Nigerian Army, the DSS, the Defence Intelligence Agency, the EFCC, and other security agencies. Under cross-examination by lawyers to the defendants, the witness restated that the defendants did not make their statements in the presence of either their lawyers, family members, officials of the Legal Aid Council or a JP. He however insisted that they were neither tortured nor compelled to make the statements. At the conclusion of the cross-examination, Oyedepo announced the closure of the prosecution’s case in the trial-within-trial, having called four witnesses.

The judge proceeded to hear the bail applications filed by the defendants. While the defence lawyers urged the court to grant bail to their clients on liberal terms, the prosecution urged the court to dismiss the applications. Justice Abdulmalik then adjourned the matter until June 25 and June 30 for the 1st, 2nd and 3rd defendants to conduct their defence in the trial-within-trial, following which the 4th, 5th and 6th defendants would conduct theirs on July 1 and July 2. The judge also fixed ruling on the bail application for July 20.

The six men are being prosecuted over their alleged involvement in the alleged coup plot to topple President Bola Tinubu-led government. The defendants include a retired major general, Mohammed Ibrahim Gana, and a retired navy captain, Erasmus Ochegobia Victor. The rest are Ahmed Ibrahim, a police inspector; Zekeri Umoru, an electrician at the Presidential Villa; Bukar Kashim Goni; and Abdulkadir Sani, a Zaria-based Islamic cleric. They face 13 counts of treason, terrorism, failure to disclose information, and money laundering over the alleged failed coup. Information about the alleged secret plot was leaked to authorities last September, leading to the arrest of serving and retired military officers alongside their alleged civilian conspirators.