Falana explained that such suspects must instead face prosecution in civilian courts in accordance with the constitution.
Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has said that military officers accused of plotting a coup against President Bola Ahmed Tinubu’s administration cannot be tried by court-martial under Nigeria’s democratic system.
Falana explained that such suspects must instead face prosecution in civilian courts in accordance with the constitution.
Speaking during a national television interview, he addressed public discussions on the legal framework for handling alleged coup attempts in a democracy.
“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.
He added, “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.”
Falana explained that court-martial is meant for breaches of military discipline and offences within the military hierarchy. “When the alleged act amounts to treason or an attempt to overthrow a democratically elected government, it becomes a constitutional crime against the state,” he said.
He warned that trying such cases in military tribunals would violate democratic principles and weaken the supremacy of the constitution.
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