The Federal High Court in Abuja, on Tuesday, ordered an investigation into an alleged leaked video which has stirred controversy in the trial of five suspects charged with being part of last year’s failed plot to topple President Bola Tinubu’s administration.

Judge Joyce Abdulmalik made the order following claims by prosecution lawyer Rotimi Oyedepo (SAN), who is the Director of Public Prosecution (DPP), that the video recording of one of the defendant’s statements had appeared on social media, contrary to an earlier court order.

He said he watched the video on the page of social media influencer Martins Vincent Otse, popularly known as VeryDarkMan (VDM).

He described the development as a national security issue. “We tendered the video recording and served it on the defence. I know I served my colleagues,” he said.

Continuing, Oyedepo argued that the development was extremely prejudicial and disturbing. He noted that the social media post had attracted more than 6,000 views.

He argued that since there is a law protecting witnesses, the court should direct an investigation into the matter.

“What I saw yesterday is quite disturbing. I urge your lordship to investigate this video and confirm whether it is the same video before the court and whether it contravenes your lordship’s order,” he said.

He also informed the court that VDM was present in court to perhaps tell the court how he got the video.

Reacting to the claim, all the defence lawyers took turns to deny knowledge of how the video leaked into the social media space.

“Our worry is that this is coming at the stage when we are trying to move our bail application. I am not even a social media person. I am not opposed to an investigation,” the lawyer to the first defendant, Muhammed Ndayako, a SAN, said.

Apart from their denial, some of the defence lawyers, including that of the fourth defendant, C.D. Okafor, urged the court to investigate members of the media who have been covering the proceedings.

While not opposing the probe, the fifth defendant, M.A Ibrahim, expressed doubts about the prospect of such investigation. The lawyer to the sixth defendant, Sanusi Musa (SAN), objected to any investigation.

“I am surprised that the DPP said the court should investigate this matter. Secondly, who are the suspects? The video might have been leaked from the court, it might be me, it might even be the DPP or from the Ministry of Justice.”

“Whatever the DPP said here cannot be acted upon without evidence. If he wants that, he should file an application. The EFCC also has a media department.

“My lord, while I thank God that I am not the one, I object to the suggestion that the matter be investigated,” he said.

Ruling on the issue, who the judge did not acknowledge that Very Dark Man was in court, affirmed the court’s power to direct the protection of witnesses.

She noted that Section 232(5) of the Administration of Criminal Justice Act 2015 provides for the protection of vulnerable witnesses and prescribes consequences for any breach of witness protection measures or court orders made under that section.

Subsequently, Abdulmalik ordered the SSS to investigate any evidence on social media that may have “contravened the court’s earlier orders and bring any culprit before the court.”

She added that if such suspects are brought, the matter will be a “distinct case” while the current matter continues separately.

The six defendants charged in the case include a retired major general, Mohammed Ibrahim Gana, and a retired navy captain, Erasmus Ochegobia Victor.

The rest are Ahmed Ibrahim, a police inspector; and Zekeri Umoru, an electrician at the Presidential Villa; Bukar Kashim Goni and Abdulkadir Sani, a Zaria-based Islamic cleric.

They were accused of being part of a conspiracy to topple President Tinubu’s government. Information about the alleged secret plot was leaked to the authorities last September, leading to the arrest of serving and retired military officers alongside their alleged civilian conspirators.

The six men charged before the Federal High Court in Abuja face 13 counts of treason, terrorism, failure to disclose information, and money laundering over the alleged failed coup.

Since the trial began, the prosecution has called four witnesses.

The fourth prosecution witness, an army officer identified by the codename AAA for security reasons, has yet to be discharged. The prosecution witness brought video recordings of the defendants’ interrogations to court as exhibits.

The Senate has passed a bill to establish State Police in Nigeria.

The Senate plenary was presided over by Senate President Godswill Akpabio.

The Senate adopted manual voting for the consideration of the State Police Bill after the electronic voting device developed technical issues during plenary on Wednesday.

Under the manual voting arrangement, each senator had to stand up, announce his or her name, and openly state his or her position on the proposed bill for establishing State Police.

President Bola Tinubu had earlier transmitted a Constitution Amendment Bill seeking the establishment of State Police to the Senate as part of efforts to strengthen the country’s security architecture.

The legislation seeks to amend relevant provisions of the 1999 Constitution to create a legal framework for the establishment of state police across the federation.

The move follows repeated calls by the President for constitutional reforms that would enable states to play a more active role in securing their territories.

The Senate has amended its Standing Orders, limiting eligibility to contest for its presiding officers and principal officers to only members of the 10th Senate.

In the new rules, a senator shall only qualify to contest for Senate Presidency and Deputy Senate Presidency if he/she has won election to the Senate for at least one term of four years.

To be eligible to contest for any principal office, a senator must have won election for two consecutive periods, the last one must immediately precede the inauguration of the next Senate.

By implication, any senator who plans to vie to become a presiding officer in the 11th Senate (2027-20231) must have been a senator for at least one term preceding the inauguration.

For principal offices (chief whip, deputy whip, minority whip, etc), the senator must have been a member of the current 10th Senate, or they are not eligible to contest.

Under the new provision on “qualification of presiding officers”, it is stated in Order 3,”A Senator vying for the Office of the President of the Senate and the Deputy President of the Senate must have served at least one term of four (4) years in the Senate as a senator of the Federal Republic.”

Similarly, nomination for the positions shall strictly follow ranking in the following order: former president of the Senate; former deputy president of the Senate; former principal officers of the Senate; senators who had served for at least one term of four (4) years; and senators who had been members of the House of Representatives.

According to the provision, it is only the absence of the above that a first-term senator can be nominated to contest for the positions of presiding officers.

Under Order 5, a senator seeking to be a principal officer must have “served as a senator for at least two consecutive terms immediately preceding such nomination. “

The Senate passed the rules after a lengthy executive session presided over by the President of the Senate, Godswill Akpabio, on Tuesday.

The new rules impliedly gives Akpabio, other former presiding officers, principal officers and ranked senators the right of first refusal.

Findings indicated that the new rules might be what some sources described as “self-serving” or designed to serve the interest of the present presiding officers and members of the 10th Senate.

For instance, some State governors contesting the 2027 election to the Senate in the hope of vying for the presidency of the Senate, are effectively barred by the new rules.

It was also learnt that even within the Senate, the new rules will stop some senators from vying to become principal officers as they would not have attained two consecutive terms prior to 2027.