Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has said that military officers accused of plotting a coup against the administration of President Bola Ahmed Tinubu cannot be tried by court-martial, insisting that such cases must be handled by civilian courts in line with Nigeria’s constitutional order.
Falana made the clarification during an interview on Channels Television on Tuesday, amid public debate over the appropriate legal process for handling alleged coup plots under a democratic government. He stressed that Nigeria is operating under a civilian and constitutional system, not military rule, and that this distinction is crucial in determining the proper forum for prosecution.
According to him, court-martial proceedings are meant strictly for internal military discipline and offences arising within the military chain of command. He argued that an alleged attempt to overthrow an elected government goes beyond military discipline and amounts to a constitutional crime against the state.
“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 is an attempt to remove an elected government, a constitutional government, and to disrupt the constitutional arrangement.”
The senior advocate explained that offences such as treason and treasonable felony are clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts. Subjecting such cases to military tribunals, he warned, would contradict democratic principles and undermine the supremacy of the constitution.
Falana also referenced a precedent from Nigeria’s Second Republic to support his argument. He recalled the case of a Maiduguri-based businessman, Mandara, who was accused in the early 1980s of plotting to mobilise soldiers to overthrow the civilian government of former President Shehu Shagari.
Despite the alleged involvement of military personnel, Falana noted that the matter was not handled by a military tribunal. Instead, Mandara was charged before the Federal High Court, where he was convicted and sentenced to 50 years in prison.
“That case was tried by a regular court of law, not a court-martial,” Falana said. “It shows clearly that when there is an attempt to overthrow a civilian government, the suspects must be prosecuted in civilian courts. This is not new in our constitutional history.”
He further cautioned against reverting to practices associated with periods of military rule, stressing that Nigeria’s return to democracy places clear legal limits on how security-related offences should be treated, even when members of the armed forces are involved.
Falana maintained that adherence to constitutional procedures is essential for preserving democratic governance and the rule of law, warning that any deviation could set a dangerous precedent for Nigeria’s democracy.
Abuja Network News
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