Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has argued that military officers accused of plotting a coup against the administration of President Bola Ahmed Tinubu cannot be tried by a court-martial under Nigeria’s democratic system.

Falana made this position known during an interview on Channels Television, amid public debate over how alleged coup plots should be prosecuted in a civilian democracy. He stressed that Nigeria is no longer under military rule and that the Constitution clearly mandates that such offences be handled by civilian courts.

According to him, court-martial proceedings are meant for internal military discipline and offences committed within the armed forces structure, not for crimes aimed at overthrowing an elected government.

“We are under a democratic government, and as far as the Constitution is concerned, such suspects must be taken before a high court,” Falana said. “The soldiers cannot be court-martialed. They are not trying to remove a military dictator; it is an attempt to remove an elected, constitutional government and disrupt the constitutional order.”

Falana explained that allegations of treason or treasonable felony go beyond military regulations and amount to serious constitutional crimes against the state. As such, he said, trying the suspects before a military tribunal would contradict democratic principles and undermine the supremacy of the Constitution.

He added that Nigerian law clearly defines treason-related offences and vests jurisdiction over them in civilian courts, regardless of whether the accused persons are members of the armed forces.

To support his argument, Falana cited a precedent from Nigeria’s Second Republic. He recalled the case of a Maiduguri-based businessman, Mandara, who was accused in the early 1980s of plotting to use soldiers to overthrow the civilian government of President Shehu Shagari.

Despite the involvement of military personnel, Falana noted that the suspects were not tried by a military tribunal. Instead, the case was heard at the Federal High Court, leading to a conviction and a 50-year prison sentence.

“This is not new in our constitutional history,” he said. “When there is an attempt to overthrow a civilian government, the suspects are charged before regular courts of law, not court-martialed. That remains the legal position.”

Falana warned against reverting to practices associated with military rule, stressing that democratic governance imposes clear legal limits on how security-related offences are prosecuted, even when soldiers are involved.