Human rights lawyer Femi Falana has called on the Federal Government to stop the planned trial of 36 military officers accused of plotting to overthrow President Bola Tinubu, arguing that such proceedings would violate constitutional provisions.
In a statement on Thursday, Falana said the move to arraign the officers before a General Court Martial contradicts the Nigerian Constitution, which vests jurisdiction over treason-related offences in the Federal High Court.
His comments come as six suspects—including a retired major general and a serving police inspector—were earlier arraigned before the Federal High Court on charges bordering on treason and terrorism. A seventh suspect, former Bayelsa State governor Timipre Sylva, was charged in absentia and is reportedly at large.
However, military authorities have concluded arrangements to try 36 serving officers separately before a court martial, a move Falana described as unlawful.
“The planned prosecution of the military officers by a military court is a gross contravention of Section 251 of the Constitution,” he said, adding that trying suspects in different courts for the same offence undermines the principle of equality before the law.
He maintained that under Nigeria’s current democratic framework, offences such as treason, treasonable felony, and terrorism fall exclusively within the jurisdiction of civilian courts.
“It is trite law that a General Court Martial lacks the jurisdictional competence to try the offences of terrorism as well as treason and treasonable felony under the current constitutional dispensation,” Falana stated.
The senior advocate also referenced past cases, noting that even under military regimes, coup plotters were not tried by courts martial but by special tribunals established through specific decrees.
Falana therefore urged the Attorney-General of the Federation to intervene by discontinuing the planned court martial proceedings.
He called on the Minister of Justice to exercise his constitutional powers “by terminating the illegal charge before the General Court Martial” and ensuring that all suspects are tried before the Federal High Court.