Renowned human rights lawyer Femi Falana (SAN) has insisted that military officers accused of plotting a coup against President Bola Ahmed Tinubu’s administration must be tried in civilian courts, not through court-martial proceedings.
Speaking during a televised interview, Falana explained that Nigeria’s status as a constitutional democracy makes civilian courts the proper venue for prosecuting offences like treason and treasonable felony. He emphasised that military tribunals are designed solely to handle breaches of military discipline and internal armed forces conduct, not crimes targeting the state.
“The officers involved are not attempting to remove a military ruler; they are accused of undermining a democratically elected government and violating the constitutional order,” Falana stated. “As such, their cases must be brought before a high court.”
He warned that using court-martial procedures in such cases could erode constitutional supremacy and diminish public confidence in Nigeria’s democratic institutions. According to Falana, once an alleged offence reaches the level of treason, it is no longer an internal military matter but a constitutional violation requiring judicial scrutiny under civilian law.
Falana urged the Federal Government to strictly adhere to constitutional provisions, noting that prosecution through a civilian court would not only uphold the rule of law but also act as a strong deterrent against future attempts to subvert democracy in Nigeria.
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