Why The Alleged Coup Plotters Against Tinubu Can’t Be Tried By Court-Martial – Femi Falana

Senior Advocate of Nigeria and human rights lawyer Femi Falana has stated that military officers accused of plotting a coup against President Bola Tinubu’s administration cannot face court-martial, insisting that such cases should be tried in civilian courts.

Falana made the remarks during an interview on national television, amid growing public debate over the appropriate legal framework for prosecuting alleged coup plotters in Nigeria’s current democratic system.

Falana argued that because Nigeria operates under a constitutional democracy, the offence of treason or treasonable felony is a matter for civilian jurisdiction.

He said, “We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court.

“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.”

According to the legal expert, court-martial proceedings are limited to offences relating to military discipline and conduct within the armed forces, and do not extend to crimes against the Nigerian state.

Falana further stated, “Court-martial proceedings are designed primarily for breaches of military discipline and offences committed strictly within the military hierarchy.

“However, when the alleged offence 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 attempting to try coup suspects in a military court could undermine constitutional supremacy and weaken public confidence in democratic processes.

“Treason and treasonable felony are offences clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts,” he maintained.

The human rights lawyer urged the Federal Government to strictly adhere to constitutional procedures, stressing that a proper prosecution in a civilian court would serve as a stronger deterrent and reinforce the rule of law.