Falana Insists Alleged Coup Plotters Should Face Civilian Courts, Not Court-Martial

Senior Advocate of Nigeria (SAN) Femi Falana has argued that military officers accused of plotting a coup against President Bola Ahmed Tinubu’s administration should be prosecuted in civilian courts, not tried by a court-martial.

Falana made the remarks during a televised interview, responding to public debates on the proper handling of alleged coup attempts in a democratic system.

“Nigeria is under a democratic government, and as far as the constitution is concerned, these individuals must be brought before a high court,” Falana said.

He emphasized that a court-martial is only appropriate for offences related to military discipline or breaches of the armed forces’ internal rules. “The soldiers cannot be court-martialed because they are not attempting to remove a military ruler; they are accused of trying to overthrow an elected government,” he explained.

Falana further noted that treason or attempts to disrupt a constitutional government go beyond military offences and constitute constitutional crimes that fall under the jurisdiction of civilian courts. He warned that trying such cases in military tribunals could undermine democratic principles and the supremacy of the constitution.

“Treason and treasonable felony are clearly defined under Nigerian law and must be handled by civilian judges,” Falana said.

Nigeria has been under civilian rule since 1999, following decades of military governments, making adherence to democratic legal processes critical, he added.