Coup Plot Case: Falana Says Military Court Trial Is Unconstitutional

Coup Plot Case: Falana Says Military Court Trial Is Unconstitutional

Human rights lawyer, Femi Falana (SAN), has described the planned trial of 36 alleged coup plotters before a military court as unconstitutional, urging the Attorney-General of the Federation, Lateef Fagbemi (SAN), to immediately intervene and halt the proceedings.

Falana argued that the case should not be handled by a General Court Martial, insisting that the officers must instead be arraigned before the Federal High Court, which he said has exclusive jurisdiction over offences such as treason, treasonable felony, and terrorism.

In a detailed statement, Falana called on the Attorney-General of the Federation to invoke his constitutional powers under Section 174 of the 1999 Constitution to discontinue what he described as an “illegal charge” before the military tribunal. He maintained that after stopping the military proceedings, the accused officers should be formally charged at the Federal High Court in line with constitutional requirements.

Falana further argued that under Section 251 of the Constitution, only the Federal High Court has jurisdiction to try offences relating to treason and similar security-related crimes. He said the current arrangement, where some suspects are allegedly facing trial in civilian court while others are being tried in a military court for the same offence, violates the principle of equality before the law.

READ ALSO:

• “You’re Not Sensible” — Daddy Freeze Fires at Yul Edochie in Viral Row
• US Offers $10M Reward for Iraqi Militia Leader Linked to Attacks
• No Nuclear Strike on Iran, Trump Reaffirms US Military Strategy

The senior advocate also questioned the legal competence of a General Court Martial to handle offences of treason under Nigeria’s democratic framework. He noted that even during military rule, coup-related offences were not typically handled by courts-martial but by special tribunals, reinforcing his argument that such cases fall outside military disciplinary jurisdiction.

Falana stressed that since the return to democratic governance in 1999, all treason and anti-democratic offences must be prosecuted exclusively in civilian courts, particularly the Federal High Court. He warned that any attempt to bypass this constitutional arrangement could amount to a breach of the rule of law and undermine public confidence in the justice system.

Reports indicate that about 36 military officers are being investigated over an alleged coup plot, with authorities reportedly considering both military disciplinary action and civilian prosecution. While official details remain limited, the matter has been described as a serious national security investigation currently under review by relevant authorities.

The Nigerian military has yet to respond publicly to Falana’s latest remarks, but has previously stated that internal disciplinary procedures are ongoing in accordance with military regulations. Legal observers say the controversy highlights ongoing debates over the boundary between military justice and civilian judicial authority in handling sensitive security cases in Nigeria.

Coup Plot Case: Falana Says Military Court Trial Is Unconstitutional