Coup Plot Controversy: Falana Slams FG, Says Suspects Can’t Be Court-Martialed

Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has criticised the Federal Government’s plan to try military officers accused of plotting a coup against President Bola Tinubu before a court martial, insisting that the alleged offence is criminal and must be prosecuted under the Criminal Code Act.....KINDLY READ THE FULL STORY HERE▶

Falana stated this in a Lagos-issued statement reacting to last week’s confirmation by the Defence Headquarters that some military officers, alongside civilian collaborators, allegedly planned to overthrow the Tinubu administration in October 2025.

He argued that the appropriate law governing such offences is Section 41 of the Criminal Code Act, which prescribes life imprisonment for anyone who attempts to depose the President or intimidate the government through force.

Last week, the Defence Headquarters addressed months of speculation following an earlier report by Sahara Reporters that 16 officers—ranging from the rank of captain to brigadier general—were arrested in October 2025 for allegedly holding secret meetings aimed at toppling the government. At the time, the Director of Defence Information, Brigadier General Tukur Gusau, dismissed the report as sensational, describing the matter as an internal disciplinary issue.

However, the Defence Intelligence Agency later confirmed that a full investigation had been conducted and that its findings would be made public. Providing an update, the new Director of Defence Information, Major General Samaila Uba, announced that the investigation had been concluded in line with military procedures and that the suspects would be tried before a military tribunal. The Minister of Defence, General Christopher Musa, also stated that the accused would face court-martial proceedings in accordance with military regulations.

In response, Falana maintained that under Nigeria’s democratic system, military tribunals lack the jurisdiction to try alleged coup plotters. He stressed that since the accused officers allegedly sought to remove an elected President, the matter constitutes a grave criminal offence that falls squarely under the Criminal Code Act.

He cited Section 41 of the Act, which criminalises any attempt to depose the President during his term of office or to overawe the government through criminal force, noting that the offence attracts a sentence of life imprisonment.

Falana warned those advocating a court martial to revisit the Supreme Court decision in Umoru Mandara v. Attorney-General of the Federation (1984), where a conviction for treason-related offences was quashed due to lack of jurisdiction. He explained that while the Federal High Court has jurisdiction over treason and related offences under the Constitution, that framework was disrupted during military rule, when decrees and special tribunals were used to suppress perceived opponents.

He recalled how, during the Babangida era, the Treason and Other Offences (Special Military Tribunal) Decree of 1986 was enacted to impose the death penalty for treason, leading to the trial and execution of General Mamman Vatsa and others—despite the fact that the Criminal Code at the time prescribed life imprisonment.

Falana further referenced later cases, including the 1992 arrest of civilians accused of treasonable felony under Section 41 of the Criminal Code. He noted that civilians, including himself and the late Chief Gani Fawehinmi, were arraigned before a Chief Magistrate Court, reinforcing the position that such offences fall under civilian jurisdiction.

He explained that following the restoration of civil rule, several anti-democratic decrees—including those empowering military tribunals to try coup suspects—were repealed. This repeal, he said, informed the inclusion of Section 251(2) in the 1999 Constitution, which expressly grants the Federal High Court jurisdiction over treason, treasonable felony, and allied offences.

Falana also argued that the alleged involvement of civilians in the current plot further invalidates the option of a court martial, as civilians are not subject to military law. He cited several judicial precedents, including Media Rights Agenda v. Nigeria, which held that the trial of civilians by military tribunals violates the right to fair hearing.

He also referenced a recent decision by Uganda’s Supreme Court in Dr Kizza Besigye & Another v. Attorney General (2025), where the court ruled that military courts lack jurisdiction over civilians and ordered all such trials to be transferred to civilian courts.

In light of these legal precedents, Falana urged that the case file of the alleged coup plotters be forwarded to the Office of the Attorney-General of the Federation without delay. He said the Attorney-General should review the case and file charges of treasonable felony at the Federal High Court, as provided under Section 251(2) of the 1999 Constitution.

Falana concluded that any attempt to prosecute the suspects before a military tribunal would be unlawful, stressing that plotting to overthrow a civilian government is not a military disciplinary matter. He added that the decrees previously used to justify such trials have been repealed and that treasonable felony is not listed among offences under the Armed Forces Act.

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