Falana Asks FG To Halt Court Martial Of 36 Alleged Coup Plotters

24th April, 2026 | News

Senior Advocate of Nigeria, Femi Falana, has urged the Attorney-General of the Federation, Lateef Fagbemi, to discontinue the trial of 36 alleged coup plotters before a military court, describing the charges as unconstitutional.

In a statement, Falana called on the Attorney-General to invoke his powers under Section 174 of the Constitution to terminate the proceedings at the General Court Martial. He argued that the suspects—who are military officers—should instead be prosecuted before the Federal High Court, which he said has the legal authority to handle such cases.

According to Falana, trying some suspects in a civilian court while prosecuting others before a military tribunal for the same alleged offences violates the constitutional principle of equality before the law. He maintained that offences such as treason, treasonable felony, and terrorism fall strictly within the jurisdiction of the Federal High Court under Section 251 of the Constitution.

He further contended that a General Court Martial lacks the legal competence to try such offences under Nigeria’s current democratic framework. Citing historical precedents, Falana noted that even during past military regimes, individuals accused of coup-related offences were not tried by courts-martial but by special tribunals established under specific decrees.

Falana emphasised that since Nigeria returned to democratic rule in 1999 and abolished military-era decrees, all cases involving treason and related offences must be handled by constitutionally recognised civilian courts.

His comments come amid ongoing legal proceedings involving multiple suspects accused of plotting to overthrow President Bola Tinubu, with debates intensifying over the appropriate legal framework for their prosecution.