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legal framework for handling alleged subversion must reflect the country’s current democratic status rather than outdated military protocols.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