Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the Federal Government to halt the planned court martial of 36 military officers accused of plotting a coup, describing the move as unconstitutional.
In a statement issued on Thursday in Lagos, Falana urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, to invoke his constitutional powers to discontinue the proceedings before the General Court Martial.
“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,” Falana said.
He also advised that the accused officers should instead be prosecuted before the Federal High Court, which he said has the constitutional jurisdiction to handle such offences.
“Thereafter, the Attorney-General should proceed to charge the 36 accused military officers before the Federal High Court,” he added.
Falana argued that subjecting the suspects to a military tribunal constitutes a violation of Section 251 of the Constitution, which vests the Federal High Court with exclusive authority to try cases relating to treason and treasonable felony.
According to him, the decision to try six suspects in the Federal High Court while subjecting 36 others to a court martial for the same offence undermines the principle of equality before the law.
“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,” he said.
The senior lawyer also maintained that a General Court Martial lacks the jurisdiction to try offences such as terrorism, treason, and treasonable felony under the current democratic framework.
He cited historical precedents, noting that even during military regimes, alleged coup plotters were not tried by court martials but by special tribunals established under specific decrees.
“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 stated.
His intervention comes amid ongoing legal proceedings involving the alleged coup plotters, with debates intensifying over the appropriate legal framework for their trial.
