FEMI FALANA
Highlight

“Democracy Forbids It”: Falana Argues Against Court-Martial for Soldiers in Alleged Coup

604
Advertisement




Mr. Femi Falana (SAN), prominent human rights lawyer, has argued that military personnel accused of plotting a coup against President Bola Tinubu’s administration fall outside the jurisdiction of a court-martial.

Speaking on national television, Falana maintained that within Nigeria’s democratic framework, such offenses must be prosecuted in civilian courts to ensure compliance with constitutional standards.

He emphasized that since Nigeria has transitioned away from military rule, the Constitution serves as the primary legal authority for trying crimes against the state.

He noted that the appropriate legal framework for handling alleged subversion must reflect the country’s current democratic status rather than outdated military protocols.

“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,” he stated.

Falana noted that prosecuting such cases through military tribunals would be inconsistent with democratic principles and could undermine the supremacy of the Constitution.

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

See also  Update: El-Zakzaky, wife granted permission to travel abroad for medical treatment

Author

Leave a comment

Related Articles

Elon Musk Makes History as the World’s First Trillionaire

Elon Musk has broken all financial records, becoming the world’s first-ever trillionaire....

Borno Govt Reintegrates 3,740 Trained ‘Repentant’ Boko Haram Members

A total of 720 men, 992 spouses, and 2,050 children have been...

Police, Communities Must Unite Against Crime – Zone 7 AIG, PCRC, Other Stakeholders

By Joycelyn Ellakeche Adah Security stakeholders in the FCT have emphasized that...

Meta Apps Hit By Major Outage, Millions Unable To Access Facebook, Instagram, Threads

Millions of users across the world reported difficulties accessing Facebook, Instagram and...