Senior Advocate of Nigeria (SAN) and prominent human rights lawyer Femi Falana has said that military officers accused of plotting a coup against President Bola Ahmed Tinubu’s government cannot be tried by court-martial under Nigeria’s democratic system.
Falana emphasized that such suspects must be prosecuted in civilian courts in accordance with the Constitution.
Speaking on national television, he addressed public debate over how alleged coup plots should be handled in a democracy.
“We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court,” Falana said. “The soldiers cannot be court-martialed; they are not trying to remove a military dictator. It’s an attempt to remove an elected government, a constitutional government, to disrupt the constitutional arrangement.”
He explained that “court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy. However, when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government, the matter transcends internal military discipline and becomes a constitutional crime against the state.”
Falana warned that trying such cases in military tribunals would violate democratic principles and undermine the supremacy of the Constitution.
“Treason and treasonable felony are offenses clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts,” he concluded.