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Accused Nigerian Colonel Challenges Military Court Jurisdiction

A senior Nigerian Army officer facing trial over an alleged coup plot against President Bola Tinubu’s administration has rejected the authority of the military tribunal handling the case.

Colonel Mohammed Ma’aji, one of 36 individuals accused in the ongoing proceedings, filed a preliminary objection before the Defence Headquarters Garrison General Court Martial in Abuja, arguing that the tribunal lacks the legal jurisdiction to try him.

The officer reportedly asked the court to dismiss all charges filed against him, insisting that the accusations were “defective and incompetent in law.”

According to court filings, Ma’aji maintained that the Armed Forces of Nigeria, listed as the complainant in the case, is not legally recognised as an entity capable of instituting criminal proceedings.

He further argued that the allegations against him relate to offences against the Nigerian state rather than violations strictly connected to military discipline, which he claimed falls outside the scope of a court martial.

The charges against the accused officers include allegations of mutiny and conspiracy to overthrow the Federal Government. Prosecutors claim some of the defendants attempted to recruit other military personnel into the alleged plot.

In his legal submission, Ma’aji cited previous judicial authorities and constitutional provisions to support his request for the charges to be struck out.

One of the legal arguments referenced by the defence stated that penal laws must be interpreted strictly in favour of accused persons where ambiguity exists.

Meanwhile, proceedings continue in a related case before the Federal High Court in Abuja involving six other suspects accused of links to the alleged coup plot.

The Nigerian military has yet to issue a fresh official response to the latest jurisdictional challenge.

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