Senior Advocate of Nigeria, Femi Falana, has urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to discontinue the ongoing court martial proceedings against 36 military officers accused of plotting a coup.
In a statement released to journalists, Falana called on the Attorney-General to invoke his constitutional authority under Section 174 to terminate what he described as an unlawful charge before the General Court Martial. He recommended that the suspects be arraigned instead before the Federal High Court.
“I am compelled to call on the Attorney-General of the Federation and Minister of Justice to exercise his powers under Section 174 of the Constitution by terminating the illegal charge before the General Court Martial. Thereafter, the Attorney-General should proceed to charge the 36 accused military officers before the Federal High Court,” the statement read in part.
Falana argued that prosecuting the officers through a military tribunal violates Section 251 of the Constitution, which vests exclusive jurisdiction over treason and related offences in the Federal High Court.
He further questioned the legality of subjecting different suspects to separate trial venues for the same offence, noting that six individuals are already being prosecuted at the Federal High Court while the others face trial before a military panel.
“Since the Constitution has provided for equality of citizens before the law, the planned trial of six suspects in the Federal High Court and 36 other suspects in the General Court Martial for the same offence cannot be justified under any law in Nigeria.”
The human rights lawyer maintained that a General Court Martial does not possess the legal authority to try offences such as terrorism, treason, or treasonable felony under Nigeria’s current constitutional framework.
Providing historical context, Falana noted that even during past military regimes, individuals accused of coup plotting were not tried by court martials. He cited cases from 1976, 1990, and 1995, where special military tribunals were established under specific decrees to handle such matters.
“Since all treason and other anti-democratic decrees were abolished in 1999 to pave the way for the restoration of democratic rule in Nigeria, any person involved in treason or treasonable felony can only be tried by the Federal High Court,” Falana added.
The call adds to ongoing legal debates over the appropriate jurisdiction for prosecuting serious offences involving military personnel within Nigeria’s democratic system.
