Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has clarified that military officers accused of plotting a coup against President Bola Tinubu’s administration cannot be tried by court-martial under Nigeria’s democratic system.
Speaking during a national television interview, Falana stressed that such suspects must be prosecuted in civilian courts in line with constitutional provisions.
“We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court,” he said.
Falana explained that court-martial proceedings are designed for breaches of military discipline and offenses committed strictly within the military hierarchy.
However, when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government, it becomes a constitutional crime against the state.
“The soldiers cannot be court-martialed, they are not trying to remove a military dictator. It’s an attempt to remove an elected government, a constitutional government, to disrupt the constitutional arrangement,” he stated.
The lawyer emphasized that prosecuting coup-related cases through military tribunals would be inconsistent with democratic principles and could undermine the supremacy of the constitution.
“Treason and treasonable felony are offenses clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts,” Falana maintained.
Rate, Like 👍, Comment 💬, Share this article, Follow us on our social media handles, and Submit your own story to get featured and earn rewards!
WhatsApp Channel
Telegram Channel
