Guinea-Bissau: Military judge overturns Supreme Court ruling

The investigating judge of the regional military court, Mamadú Embaló, declared null and void the judgment No. 21/2026 issued by the Criminal Chamber of the Supreme Court of Justice (STJ), considering that this jurisdiction did not have the material competence to examine the appeal lodged in case No. 1/2025, relating to the alleged attempted coup of October 2025.

In an order dated July 27, 2026, the magistrate states that, in accordance with Article 140, No. 2, of the Code of Military Justice, appeals against decisions of the military investigating judge must be examined by the Higher Military Court before any potential appeal to the Supreme Court. He thus rejects any possibility of a direct appeal (per saltum) from the regional military court to the Higher Military Court.

A question of jurisdiction and judicial hierarchy

According to Mamadú Embaló, the Superior Military Court is the equivalent of the Court of Appeal in the ordinary judicial system. Therefore, the Criminal Chamber of the Supreme Court could not rule directly on the appeal, rendering judgment No. 21/2026 irregular and legally null and void.

The judge ordered the case to be sent back to the Higher Military Court, which he considers to be the competent body to examine the appeal.

Context: the 2025 coup case

This decision comes just days after the Supreme Court of Justice revoked the pre-trial detention of four defendants in the same case: Mário Midana Siga, Alexandre Patrão Indi, Domingos Nhanque, and Daba Na Walna. Their release had been ordered by the Supreme Court of Justice, which ruled that the Superior Military Court lacked jurisdiction to try the case and noted procedural irregularities.

At the heart of the case remains the president of the PAIGC, Domingos Simões Pereira, designated as a suspect in the alleged coup attempt of October 2025. The legal battle illustrates the institutional tensions and the fragilities of the separation of powers in Guinea-Bissau.