Human rights lawyer Femi Falana has challenged the Federal Government’s plan to try military officers accused of plotting a coup against President Bola Tinubu via a court-martial. Falana insists that attempting to overthrow an elected president is a criminal offence under the Criminal Code Act and must be prosecuted in a civil court.
The Defence Headquarters had confirmed the arrest of 16 officers and civilian collaborators over an alleged October 2025 coup plot. While the Minister of Defence and military authorities proposed court-martial proceedings, Falana pointed out that civilian involvement and democratic law make military tribunals illegal under the 1999 Constitution.
Citing Section 41 of the Criminal Code and past legal precedents, Falana argued that life imprisonment is the appropriate punishment for treasonable acts against an elected government. He urged that the Attorney-General of the Federation take over the case and file charges in the Federal High Court.
Falana’s warning underscores the importance of adhering to civilian legal procedures, even in cases involving military officers, to protect democracy and rule of law in Nigeria.
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