The President of the General Court-Martial sitting in Abuja to try 36 Nigerian military personnel accused of plotting to overthrow the government of President Bola Tinubu, Air Vice Marshal, H.I. Alhaji has admitted that the current detention facility where the personnel are being held is “not ideal”, while acknowledging concerns over restricted access to their lawyers and family members.
AVM Alhaji made the admission during proceedings of the General Court-Martial, where he addressed concerns raised over access to the detained military personnel, the conditions of their detention and complaints from both the defence and prosecution sides regarding the conduct of the proceedings.
The court-martial president said the detaining authority had raised concerns relating to access to the accused persons, but stressed that the restriction could not be allowed to continue indefinitely because it could interfere with the fundamental right to fair hearing and access to justice.
He said the court had already made its position clear to the authorities responsible for the detention and that further discussions would be held to ensure that the restriction was rescinded.
“In the matter of access, the detaining authority had a complaint which they forwarded to us. And the explanation has to lie in two paragraphs. Nonetheless, we have directed that their position cannot be a permanent position,” Alhaji said.
“Because it will not impede on the right to fair hearing, to justice. We have made it very clear to them. And I am sure we are going to have additional discussions to make sure that that position is rescinded.”
The admission comes amid concerns over the ability of lawyers and family members to have adequate access to the detained personnel, who are facing serious allegations in connection with an alleged plot to overthrow the democratically elected government.
The court-martial president also responded to complaints of unequal treatment between the prosecution and defence teams, revealing that the prosecution had accused him of giving the defence too much room during proceedings.
“The issue of unequal treatment. I think to an extent I have been accused. On the issue of unequal treatment. The prosecution has complained that I have been giving too much room to the defence,” he said.
He, however, insisted that the court would continue to discharge its responsibilities despite criticism from either side.
“But I understand my position. No good thing goes unpunished. There is nothing I can do about this. It is a timeless job. We are going to get bashings from both sides.”
Addressing the access issue, Alhaji said the court had directed that lawyers should arrive earlier than previously required to enable them to spend more time with their clients before proceedings begin.
He said the arrangement was a temporary measure while efforts continued to resolve the wider access problem.
“And again, on the issue of access, that is why we said everybody should come early. We are going to bring them in earlier than we used to. So that you guys can have some time with them, while we work on this matter of access. Okay?”
The most striking part of his remarks, however, came when he addressed the conditions of the detention facility.
Alhaji acknowledged that the facility where the military personnel are currently being held is far from ideal, but said facilities operated by the Department of State Services (DSS) and the police were significantly better.
“Yeah, so this is the issue of detention facilities. Gentlemen, I will tell you that. We have looked at detention facilities of the DSS and the police. They are way, way better.”
He went further to explained the severity of the conditions, saying that if he were part of the DSS, he would not even carry his boots into the current facility.
“If I am part of the DSS, I will not carry my boots. I will not. I will not talk of humanity. I very much understand that the current detention facility is not ideal.”
Despite acknowledging the inadequacy of the current detention conditions, the court-martial president said the situation was even worse in some respects elsewhere, urging the parties involved to remain patient while efforts are made to address the concerns.
“But on the other side, it is worse. So let’s just be patient. This is a basic life that all of us are going to pass on. We just help ourselves, pat each other on the back and make sure we keep going.”
He, however, encouraged defence lawyers to make full use of whatever access is currently available to their clients, stressing that the detainees should be brought in early to allow sufficient time for consultation before the commencement of proceedings.
“But I would encourage you to take advantage of the access to your clients. We need them early. Please try and come early so that you can have time with them. Until this matter is resolved.”
The court-martial president gave an assurance that the restrictions would not remain in place indefinitely.
“But I assure you, this restriction on access will not go on indefinitely.”
He also made clear that lawyers and counsel must ultimately be granted adequate access to their clients, particularly as the proceedings progress toward the substantive trial.
“I have made it very clear to many geopolitical participants. If this falls upon us to do its job, lawyers and counsel must have access to their clients. Without doubt.”
He said the court itself was dissatisfied with the current arrangement, particularly the limited access being granted to the accused personnel.
“And we are not happy with the current arrangement of having limited access or having at least one or more. There has to be much more than that.”
According to him, the restrictions could not remain the norm as the case advances, stressing that the circumstances surrounding access would have to change when the court moves into the proper trial stage.
“Because it is only at this stage, when we get to the proper trial, things will have to change.”
(SaharaReporters)