₦airaland Forum

Alleged coup: Soldiers can’t be court martialed under Nigeria’s democratic system — Femi Falana

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

Falana stressed that such suspects must instead be prosecuted in civilian courts in line with constitutional provisions.

He made this clarification during an interview on national television, where he addressed growing public debate over the appropriate legal framework for handling alleged coup attempts in a democratic setting.

According to Falana, Nigeria is no longer under military rule and that the constitution clearly outlines how crimes against an elected government should be prosecuted.

“We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court,” Falana said.

“The soldiers cannot be court-martialed, they are not trying to remove a military dictator. It’s an attempt to remove an elected government, a constitutional government, to disrupt the constitutional arrangement,” he stated.

The human rights lawyers, explained that “court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy.

“However, when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government, the matter transcends internal military discipline and becomes a constitutional crime against the state.”

Falana noted that prosecuting such cases through military tribunals would be inconsistent with democratic principles and could undermine the supremacy of the constitution.

“Treason and treasonable felony are offenses clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts,” he maintained

Ofunaofu:
Alleged coup: Soldiers can’t be court martialed under Nigeria’s democratic system — Femi Falana


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


Falana stressed that such suspects must instead be prosecuted in civilian courts in line with constitutional provisions.


He made this clarification during an interview on national television, where he addressed growing public debate over the appropriate legal framework for handling alleged coup attempts in a democratic setting.

According to Falana, Nigeria is no longer under military rule and that the constitution clearly outlines how crimes against an elected government should be prosecuted.

“We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court,” Falana said.

“The soldiers cannot be court-martialed, they are not trying to remove a military dictator. It’s an attempt to remove an elected government, a constitutional government, to disrupt the constitutional arrangement,” he stated.

The human rights lawyers, explained that “court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy.

“However, when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government, the matter transcends internal military discipline and becomes a constitutional crime against the state.”

Falana noted that prosecuting such cases through military tribunals would be inconsistent with democratic principles and could undermine the supremacy of the constitution.


“Treason and treasonable felony are offenses clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts,” he maintained

https://www.vanguardngr.com/2026/02/alleged-coup-soldiers-cant-be-court-martialed-under-nigerias-democratic-system-falana/

AndroBlaze:
In his old age, Falana has decided to become a Gen Z by force and prefers to "trend" than tell the truth.... a real shame for those of us who use to support and look up to this man.

For serious human beings, everywhere in the civilised world (including US and UK) a court martial can prescribe the maximum punishment, which usually can be appealed in more senior courts.

That's what the old man needed to say instead of looking to trend.

iwaeda:
Tinubu doesn't understand the difference.

nairalanda1:
During the Shagari administration, there was an attempted coup (not the Buhari coup of 1983) in 1982. The plotters were caught, like this one, before they could do anything, and were all tried in a civillian court.

(It was largely a civillian coup, but there were army elements in it too).

Gajagojo:
This is a claim

Any proof?

By Richard Akinnola

In 1981, it was a coup plot masterminded by a Maiduguri businessman, Bukar Mandara.

Whether the current one is a hoax or not, l say Never Again!!!
We have passed this way before but no matter our challenges, the military government is NEVER an option.
This is the story of the Mandara’s Coup Against Shagari

Barely two years after Alhaji Shehu Shagari assumed office as the first civilian Executive President of Nigeria, a coup was uncovered by the security agencies. It was spearheaded by a Borno State businessman, Alhaji Bukar Zanna Umoru Mandara who in 1981 enlisted the support of some members of the armed forces to topple the government of Alhaji Shagari and in the process planned to kill Alhaji Shagari, late Chief Obafemi Awolowo, then leader of the defunct Unity Party of Nigeria (UPN), late Mallam Aminu Kano, then leader of the defunct Peoples Redemption Party (PRP), late Alhaji Waziri Ibrahim, then leader of the defunct Great Nigeria Peoples Party (GNPP), late Dr Nnamdi Azikiwe, then leader of Nigeria Peoples Party (NPP) and all officers in the army above the rank of Lt. Colonel.
Alhaji Mandara was arrested on February 6, 1981 by the
operatives of the defunct National Security Organisation (NSO) and later charged to the Federal High Court, Lagos on a four-count charge of treason. The charges against him read:

COUNT ONE:
“That you, Alhaji Zanna Bukar Umoru Mandara, between March 1, 1981 and January 30, this year did form an intention to remove during his term of office otherwise than by constitutional means, the President of the Federal Republic of Nigeria as Head of State and Commander-in-Chief of the Armed Forces of the Federation and manifested such an intention by overt acts to wit:
Solicited, incited, endeavoured to persuade and to procure Major Mohammed Yunusu, Sergeant Garba Muga, Sergeant Jonathan Adzande, Sergeant Sani Kasim, Corporal Ibrahim Ango and Warrant officer Adamu Attaboh to take part unconstitutionally in the removal of the President of the Federal Republic of Nigeria and Commander-in-chief of the Armed Forces.
Gave four tickets of the Nigeria Airways to Warrant Officer Adamu Attaboh in names and routes outlined below so that he could recruit soldiers in other military locations in Nigeria in furtherance of the intention referred to and in overt act (i) above.

Mr Adamu (Lagos- Maiduguri-Lagos)
Mr..U. Audu (Lagos-Maiduguri-Lagos)
-Mr. A. Huhu (Lagos- Maid-Lagos)
Mr. A. Abudu (Lagos-Maid-Lagos)
And you thereby committed an offence punishable under section 41 (a) of the criminal code (cap. 42 laws of the Federation).
COUNT TWO
That you Alhaji Zanna attempted to incite Sergeant Garba Muga, Sergeant Jonathan Adzande and Corporal Ibrahim Ango, from their duties and allegiance to the President and you, thereby committed an offence punishable under section 44(a) of the criminal code (Cap 42 laws of the Federation).

COUNT THREE
That you, Alhaji Zanna did incite Sergeant Garba Muga, Sergeant Jonathan Adzande and corporal Ibrahim Ango to commit an act of mutiny and you thereby committed an offence under section 44(b) of the criminal code (Cap. 42 laws of the Federation).

COUNT FOUR
That you, Alhaji Zanna attempted to cause disaffection among persons serving as members of the Armed Forces of the Federation -Sergeant Joel Baku Kilba and Warrant Officer Bukar Dunama Lassa by the offer of money and wrist watch to each of them and you thereby committed an offence punishable under section 46 A (i) (a) of the criminal code (cap 42 laws of the Federation).

The case was prosecuted by Chief Richard Akinjide,SAN, then Attorney-General of the Federation, while Chief Rotimi Williams, SAN, was the defence counsel to Alhaji Mandara in a trial that was held in camera for security reasons and in which ten witnesses, mostly security personnel, testified for the prosecution.

In finding Alhaji Mandara guilty of treason on July 30, 1982, after a four- hour judgment, Late Justice Fred Anyaegbunam, then Chief Judge of Federal High Court held that from the evidence before him, the plan was to kill President Shehu Shagari, Alhaji Waziri Ibrahim, Mallam Aminu Kano, Chief Obafemi Awolowo and Dr Nnamdi Azikiwe and all officers above the rank of Lt.-Colonel in the Army.

If this had succeeded, Justice Anyaegbunam said, the country would have been thrown into a holocaust. He recalled that Mandara told the soldiers he recruited for the coup that the government of Shagari was bad; that there was no money, coupled with the fact that he was not getting as many contracts as he was used to.. According to the judge, Mandara told the soldiers he recruited for the coup that out of the only N20 million contract he got in Abuja, he was asked to give 15 per cent of it to the Minister in charge of Abuja while five per cent went to the ruling National Party of
Nigeria (NPN).

Describing Alhaji Mandara as a greedy businessman, the judge wondered how a person who bagged a N20 million contract from the same government could plot against the same government.
“No words are strong enough to condemn the diabolical activities of the accused. From the evidence before me, the accused is a very rich man who should have thanked his God and enjoy his wealth with his family but because of his insatiable lust for money, he still wanted more”.

Justice Anyaegbunam disregarded Chief William’s argument that the soldiers who testified against him be treated as accomplices. The court therefore found him guilty of treason and sentenced him to 15 years imprisonment.

Mandara appealed against the conviction at the Court of Appeal on a technical ground that the Federal High Court that tried him had no jurisdiction to do so.
The court ruled on November 18, 1983 by a split decision that the Federal High Court had the jurisdiction, thereby affirming the conviction.

Alhaji Mandara headed for the Supreme Court which on Friday, April 6,1984 held that the Federal High Court had no jurisdiction to try him in view of the Supreme Court decision in the case of Bronik Motors and Anr v. Wema Bank Ltd of June 10, 1983 where the court held that by virtue of section 7 (3) of the Federal High Court Act, it had no jurisdiction to try the case. The court therefore ordered that Alhaji Mandara be discharged and acquitted forthwith.

Alhaji Mandara, who was barely literate when he went to prison was in the Supreme Court on the day of the judgment and had to ask his lawyers what the verdict was because he just learnt good English in the prison.
Alhaji Mandara was incensed with me over this observation in my law column “Real life Cases” in the Vanguard after the acquittal and he fired me a protest letter, denying that he was an illiterate.

ARISHEM:
It's because he was not mentioned as a target that is making him talk comfortably.
If the coupist detailed an evidence that he and his son were among those meant to be killed he will not talk like a human rights lawyer

kolafolabi:
Falana is reinforcing the supremacy of the constitution and the principle of civilian oversight in a democracy. Alleged coup plotters, even if military personnel, must face trial in civilian courts to ensure legality, transparency, and adherence to democratic norms.

Sirmwill:
Hmmmm
That's interesting


So
Why are judgements still being passed in the military courts?

nairalanda1:
Yeah, it's the Mandara coup against the Shagari government.

The following was published in ThisDay

Gajagojo:
Mansara was a civilian
Not a soldier

Sirmwill:
Hmmmm
That's interesting


So
Why are judgements still being passed in the military courts?

ARISHEM:
It's because he was not mentioned as a target that is making him talk comfortably.

If the coupist detailed an evidence that he and his son were meant to be killed including the brutal manner they planned their deaths, he will not talk like a human rights lawyer

AndroBlaze:
In his old age, Falana has decided to become a Gen Z by force and prefers to "trend" than tell the truth.... a real shame for those of us who use to support and look up to this man.

For serious human beings, everywhere in the civilised world (including US and UK) a court martial can prescribe the maximum punishment, which usually can be appealed in more senior courts.

That's what the old man needed to say instead of looking to trend.

...........court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy.
However, when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government, the matter transcends internal military discipline and becomes a constitutional crime against the state.

NOETHNICITY:
Beginning to feel serious dislike for Falana

AndroBlaze:
In his old age, Falana has decided to become a Gen Z by force and prefers to "trend" than tell the truth.... a real shame for those of us who use to support and look up to this man.

For serious human beings, everywhere in the civilised world (including US and UK) a court martial can prescribe the maximum punishment, which usually can be appealed in more senior courts.

That's what the old man needed to say instead of looking to trend.