The second accused person in the ongoing trial of 36 individuals over an alleged plot to overthrow the government of President Bola Tinubu, Colonel Mohammed Ma’aji, has challenged the authority of the Defence Headquarters General Court Martial sitting in Asokoro, Abuja, to hear the case.
In a preliminary objection filed before the court martial, Ma’aji argued that the military tribunal lacks jurisdiction to entertain the charges against him.
He urged the court to strike out the case, describing the charges as fundamentally defective and incompetent.
The objection, filed under the Rules of Procedure Army 1972, contends that the complainant listed as the Armed Forces of Nigeria is not a juristic person and therefore has no legal capacity to initiate criminal proceedings. Citing Supreme Court and Court of Appeal authorities, Ma’aji maintained that only natural persons or entities expressly recognised by law can sue or be sued.
He further argued that the allegations in counts one to nine do not amount to mutiny as defined under the Armed Forces Act.
According to Ma’aji, a charge of mutiny requires evidence of concerted insubordination or defiance of military authority, which the prosecution’s particulars have failed to establish.
In a related development, a witness in a separate trial before the Federal High Court in Abuja alleged that Ma’aji threatened to force his way into the Presidential Villa even if insiders refused to cooperate.
The witness, Zekeri Umoru, made the claim in a video played during a trial-within-trial over the admissibility of extrajudicial statements.
Umoru, who worked on the Presidential Villa clinic project, told investigators that Ma’aji, through an intermediary, asked him to recruit workers inside the Villa.
He also alleged that Ma’aji rejected a demand for N100 million to gain access through an ambulance route, insisting he could still enter by force, though it would lead to bloodshed.
Umoru said he became uncomfortable with the plan and repeatedly attempted to return money given to him, describing the Presidential Villa as “not child’s play.” He denied having access to the Villa’s solar power plant.
Following the video evidence, the judge adjourned the matter for continuation of the trial-within-trial.
