By Otobong Gabriel, Abuja
Senior Advocate of Nigeria (SAN) and prominent human rights lawyer, Femi Falana, has said that any military officer accused of plotting a coup against President Bola Ahmed Tinubu’s administration cannot be tried through a court-martial under Nigeria’s democratic system.
Falana insisted that such suspects must be prosecuted in civilian courts in accordance with the Nigerian Constitution.
Speaking during an interview on national television, the legal expert addressed the growing debate over how alleged coup plots should be handled in a democratic government, stressing that Nigeria’s legal framework no longer permits military tribunals for crimes against an elected administration.
According to him, court-martial proceedings are meant strictly for internal military discipline and not for constitutional offences like treason or attempts to overthrow a democratic government.
“We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court,” Falana said.
“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 added.
Falana explained that once an alleged offence goes beyond military misconduct and becomes an attack on the state or constitutional order, it must be handled by civilian courts.
He warned that trying such cases through military tribunals would contradict democratic principles and weaken the supremacy of the constitution.
The senior lawyer maintained that upholding due process through the regular court system remains essential to protecting Nigeria’s democracy and rule of law.
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