‘The Soldiers Cannot Be Court Martialed, They Are Not Trying To Remove A Military Dictator’-Falana

Senior Advocate of Nigeria Femi Falana has stated that military officers accused of attempting a coup against the Tinubu administration cannot be tried by court-martial under Nigeria’s democratic system and must instead face prosecution in civilian courts.

Speaking in an interview with Channels TV, Falana explained the constitutional requirements for prosecuting such offenses under democratic governance. “We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court. 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,” he said.

The senior advocate cited historical precedent from Nigeria’s Second Republic to support his position, referencing the case of a Maiduguri businessman named Mandara who was accused of planning to mobilize troops against the Shagari government.

Falana noted that Mandara’s case was prosecuted in the Federal High Court rather than through military tribunals, resulting in a 50-year prison sentence. This precedent, he argued, establishes the proper judicial venue for treason cases involving threats to democratically elected governments.

The legal expert also criticized the Nigerian Army’s handling of public communications regarding the alleged coup attempt. According to Falana, the military owes Nigerians an apology for initially dismissing coup allegations only to confirm their validity more than three months later.

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