Written by Olasunkanmi Akoni
According to prominent human rights attorney and Senior Advocate of Nigeria (SAN), Femi Falana, military officers accused of plotting a coup against President Bola Ahmed Tinubu’s administration cannot be tried by court-martial under Nigeria’s democratic system.
Falana emphasized that in accordance with constitutional provisions, such accused must instead be prosecuted in civilian tribunals.
In an interview on national television, he clarified this point in response to the rising public discussion over the proper legal framework for dealing with purported coup attempts in a democratic society.
Falana claims that Nigeria is no longer ruled by the military and that the constitution makes it plain how crimes against an elected government are to be punished.
Falana stated, “We have to take them to a high court as far as the constitution is concerned because we are under a democratic government.”
“They are not attempting to overthrow a military dictator, thus they cannot be court-martialed. It’s an attempt to overthrow a constitutionally elected administration in order to upset the constitutional order,” he said.
“Court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy,” the human rights attorneys underlined.
“However, the matter transcends internal military discipline and becomes a constitutional crime against the state when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government.”
Falana pointed out that using military tribunals to try such matters would go against democratic ideals and may call into question the constitution’s supremacy.
“Nigerian law clearly defines treason and treasonable felony as offenses that are under the jurisdiction of civilian courts,” he insisted.
