Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has stated that military officers accused of plotting a coup against the administration of President Bola Ahmed Tinubu cannot be tried through court-martial proceedings, insisting that such cases fall under the jurisdiction of civilian courts.
Gossip News Now reports that Falana made the assertion during a televised interview, as public discussion intensifies over the appropriate legal process for prosecuting alleged coup plotters under Nigeria’s democratic system.
According to Falana, Nigeria’s status as a constitutional democracy means that offences such as treason and treasonable felony must be handled by regular courts of law rather than military tribunals.
He explained that court-martial proceedings are not applicable in situations involving attempts to overthrow an elected civilian government.
“We are operating under a democratic system, and constitutionally, such cases must be taken before a high court,” Falana said. “These officers cannot be subjected to court-martial because they are not attempting to remove a military ruler but a democratically elected government and undermine the constitutional order.”
The legal practitioner emphasised that courts-martial are designed strictly to address breaches of military discipline and internal conduct within the armed forces, not crimes committed against the Nigerian state.
He further clarified that once an alleged offence rises to the level of treason or an attempt to subvert constitutional governance, it ceases to be an internal military matter and becomes a constitutional offence.
Falana cautioned that prosecuting coup suspects through military courts could erode constitutional supremacy and weaken public trust in democratic institutions.
“Treason and treasonable felony are clearly defined offences under Nigerian law, and they fall squarely within the jurisdiction of civilian courts,” he stated.
He therefore urged the Federal Government to strictly follow constitutional provisions, noting that proper prosecution in a civilian court would not only uphold the rule of law but also serve as a stronger deterrent against future attempts to undermine Nigeria’s democratic system.
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