Senior Advocate of Nigeria, Femi Falana, has called on the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to exercise his constitutional powers under Section 174 by terminating what he described as an “illegal charge” against 36 alleged coup plotters currently before a General Court Martial.
In a statement made available to journalists, Falana argued that the Attorney-General should discontinue the proceedings before the military court and instead arraign the accused officers 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,” he said.
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Falana maintained that the planned trial of the officers by a military tribunal contravenes Section 251 of the Constitution, which vests jurisdiction over treason and treasonable offences in the Federal High Court.
He further argued that trying six suspects in the Federal High Court while subjecting 36 others to a court-martial for the same offence violates the constitutional principle of equality before the law.
“Since the Constitution guarantees equality of citizens before the law, the planned trial of six suspects in the Federal High Court and 36 others in a General Court Martial for the same offence cannot be justified under any law in Nigeria,” he said.
The senior lawyer also contended that a General Court Martial lacks the jurisdiction to try offences such as terrorism, treason, and treasonable felony under the current democratic framework.
Falana recalled that even during past military regimes, coup plotters were not tried by courts-martial. He cited instances in 1976, 1990, and 1995, when military officers accused of treason were prosecuted before special military tribunals established under specific decrees.
According to him, with the repeal of such decrees following Nigeria’s return to democratic rule in 1999, only constitutionally recognised courts—particularly the Federal High Court—are competent to try treason-related offences.
“Since all treason and anti-democratic decrees were abolished in 1999 to pave the way for democratic governance, any person involved in treason or treasonable felony can only be tried by the Federal High Court,” Falana added.
