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Concern over court martial for alleged coup plotters

Publish date: 04 May 2026
Issue Number: 1175
Diary: IBA Legalbrief Africa
Category: Nigeria

The Nigerian military has started a general court martial to try 36 personnel accused of involvement in an alleged plot to overthrow the administration of President Bola Tinubu, reports Channels TV. The court martial, constituted by the Defence Headquarters, was inaugurated on Friday at the Scorpion Mess, Asokoro, Abuja, under heavy security. Despite the high-profile nature of the proceedings, the session was held behind closed doors. The military proceedings are unfolding alongside parallel criminal charges filed by the Federal Government at the Federal High Court in Abuja. On 22 April, the Attorney-General of the Federation, Lateef Fagbemi, arraigned several other suspects in connection with the same alleged plot before Justice Joyce Abdulmalik. That group, which includes retired military officers, a police inspector and civilians, pleaded not guilty to a 13-count charge bordering on treason, terrorism and money laundering. The dual-track prosecution has sparked a significant legal debate. Renowned human rights lawyer Femi Falana, has urged the AGF to invoke Section 174 of the Constitution to discontinue the military trial and consolidate all cases before the Federal High Court. Falana argued that under Section 251 of the Constitution, offences such as treason and terrorism fall within the exclusive jurisdiction of the Federal High Court. He questioned the legal consistency of prosecuting some suspects in a civilian court while subjecting others to a military tribunal for the same alleged offences. ‘Courts-martial lack the jurisdiction to handle such grave constitutional offences,’ Falana stated, noting that even under past military regimes, coup-related cases were typically handled by special tribunals rather than standard courts-martial.

Full report on the Channels TV site

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