A special court in South Sudan set up to try suspended First Vice President Dr. Riek Machar and seven co-accused heard the lead investigator present statements from Dr. Machar and three other accused on Friday.
Maj. Gen. Basilio Thomas Wani, the lead investigator and police commissioner of Northern Bahr el Ghazal State, read the statements during a closed-door hearing. Media outlets covering the court proceedings were not permitted to record or take videos.
Wani told the court that Dr. Machar was placed under house arrest on March 26, 2025, under case number 978, which was opened at the Northern Police Division in Juba. He said Machar was investigated on April 14, 2025, at 11 a.m. at his residence in Hai Amarat in Juba.
In a statement read by Wani, the accused, Dr. Riek Machar Teny, 73, rejected the committee established by the minister of justice to investigate him regarding the incident in Nasir, stating that the committee lacked jurisdiction and that he holds immunity as the first vice president.
“There is a mix up that I would correct. First, I told them, yes, I did not recognize the committee because I had two reasons. I said one reason. Incidents of violation of the peace agreement are always investigated by CTSAM, and not National Security Service. It is a structure. It is an international structure,” Machar told the court on Friday.
“I told them clearly, I do not accept to be investigated by this committee. I only gave a statement because I was compelled, but I reserve my objections. Second, I said I am the first vice-president. I have immunity.”
He stated that the complainant, alleged to be from the national security, should have also pursued a court case regarding the massacre that occurred in Leer County of Unity State over the past two years.
“South Sudanese are also there with their parties. They investigate such incidents like that of Nasir. But then this time, my complainer, which is said to be national security, I have not seen it in other incidences. There was a massacre in Leer. The committee was formed and when I investigated it, although the report is now two years, the president has not received it. He has not given time to take it.”
Machar went on to recount his communications with President Salva Kiir, security chiefs, and commissioners over renewed fighting in Nasir in March. He said he tried to prevent clashes between the government, SPLM/A-IO, and the White Army.
“The problem is not the people. They take up arms because they don’t trust the government and feel they must protect themselves. We need to bring youth into training and national service so they do not continue fighting.”
In a statement read by Wani, Machar said they had evacuated 190 South Sudan People’s Defence Forces (SSPDF) soldiers from Nasir following intense fighting with the White Army militia.
“The number of the soldiers were 190, and I think they are brought here to Juba. Remained only two soldiers and three women and 14 children in Nasir. Because the party of IO is the one who controls the area,” Machar said.
According to Wani, Kamilo Gatmai Kel, 47, said, “I was taken to National Security Service detention centres near the River Nile. I took two days there. On the March 6, 2025, I was brought here to National Security Headquarters. From that time, nobody told me why I am arrested.”
The accused, Mading Yak Riek (45), identified in the records as a security officer, gave a brief statement acknowledging his detention but denied wrongdoing. His arrest and statement were logged in the case diary, though he insisted he had been held without proper explanation.
“I was not informed of any charges,” the accused said, adding that he awaited clarification from the authorities.
The accused, Dominic Gatgok Riek (27), whose statement was also read in court, expressed confusion over his arrest and said he had cooperated fully with investigators.
“I was taken without clear reason and have remained in custody since,” he stated. “I hope the court will clarify why I am here.”
During the session, Dr. Sabri Wani Ladu, a member of the prosecution team, presented four documents, including an authorization letter to initiate the trial and a ministerial order establishing the investigation and prosecution committee. Others included an arrest sanction for Dr. Machar issued by the head of the executive, and a resolution by the National Transitional Legislative Assembly waiving the immunity of lawmaker Gatwech Lam Puoch.
“The prosecution insists that authorization be marked as prosecution document number one for the following reasons. Number one, the crime committed is related to public interest whereby any person who preserves the national security has the right to initiate the case according to section 34 of the Court of Criminal Procedure Act and also section 35 of the same act,” Wani said.
Machar’s lead defense counsel, Dr. Geri Raimondo Legge, objected to the prosecution documents, citing a lack of jurisdiction by the Ministry of Justice.
“Our objection is just very short. This document was issued from unauthorized jurisdiction. The incident of Nasir is just a mere violation of cessation of hostilities and ceasefire.”
“And therefore, all these are the terms and articles of the revitalized agreement which was signed on the 12th of September 2018. Number two, the members who were investigating are now here in the prosecution team, prosecuting, which is inconsistent with procedural fairness.”
The defense also challenged the prosecution document containing the executive sanction ordering Machar’s arrest. They argued the order was unconstitutional, stating the President had no authority to issue arrest orders directly, and that the proper method to authorize proceedings against a First Vice President is through impeachment.
The prosecution countered that Article 44 of the Code of Criminal Procedure Act empowers the Minister of Justice to form such committees, and noted that the court had already affirmed its jurisdiction in an earlier ruling.
The prosecution also dismissed the objection on Machar’s immunity, noting that the case concerns the First Vice President, not the President. It stated that the court had already ruled Machar has no immunity in this matter, and that under Section 44 of the Code of Criminal Procedure Act, the head of the executive has powers to issue such a sanction under Chapters 3 and 4 of the Penal Code.
Presiding Judge James Alala Deng ruled by accepting the four prosecution documents submitted by the prosecution team.
“The court decided and endorsed prosecution document 1, 2, 3, and 4. The court is going to adjourn until the coming Monday at the same time.”
The presiding judge noted that the defense will have the opportunity to cross-examine and clarify inconsistencies in the recorded statements at a later stage.
The investigator concluded Friday’s session by affirming that all statements had been formally entered into the record.
The court adjourned the session to Monday, Oct. 6, 2025, after hearing statements from the remaining four accused, including Machar.
The eight accused face charges including treason, crimes against humanity, mass murder, terrorism, and destruction of property.
The case relates to March 2025 attacks on an army base in Nasir County that killed a general and dozens of soldiers. The government has alleged the assaults were carried out by Machar’s Sudan People’s Liberation Movement/Army-in-Opposition (SPLM/A-IO) and an allied militia known as the White Army.