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Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana - Politics (2) - Nairaland

Nairaland ForumNairaland GeneralPoliticsAlleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana (10291 Views)

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Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by AndroBlaze: 12:49pm On Feb 03
Ojuntana:
It is you who did not understand him before throwing insults at him zombie style (cc aswani)
He is saying the offence committed cannot be limited to a court martial since it is an offence against the state and not aganst the military as court martial exists for
I never knew proceedings of court martial can be appealed at higher courts of records. I'm just hearing that from you.
Then do more studying and stop following trendsetters blindly.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Ojuntana: 12:49pm On Feb 03
Goldforever:
This man in many occasions interpreted laws wrongly. I think listening to any lawyer in any thing that has to do with law interpretation are just a waste of time. What this lawyer is trying now is to market himself so those arrested will seek for him to represent them, nothing. He wants to cash out. His legal fees for this case he is asking for indirectly will not be less than #300m.
This is slanderous. Femi Falana has been defending military men and other folks at military tribunals and even other courts probably before you were born FOR FREE!!
He fought military rascality up to the Ecowas courts without getting a dime
It is preposterous for folks who have never sacrificed anything for the nation to cast aspersions on him for airing his views
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Ojuntana: 12:50pm On Feb 03
AndroBlaze:
Then do more studying and stop following trendsetters blindly.
Kindly educate me
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Ojuntana: 12:52pm On Feb 03
ARISHEM:
It's because he was not mentioned as a target that is making him talk grammer comfortably.

If the coupist detailed an evidence that he and his son were meant to be killed and highlighted the brutal manner they planned their deaths, he will not talk like a human rights lawyer
You simply don't know the man
Don't reduce him to your level
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Austus2011(m): 12:52pm On Feb 03
You no go school?
Sirmwill:
Hmmmm
That's interesting


So
Why are judgements still being passed in the military courts?
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by AndroBlaze:
Ojuntana:
Kindly educate me
https://punchng.com/supreme-court-discharges-major-convicted-of-manslaughter/

But I will also send this to Falana since you will not believe me as I am not a trend setter or saying the things people like you want to hear.

Also, this case above helps to indicate why it is important for military officers to go through a court martial.


Note that in the report, the supervising officer seems to be the only one found guilty of manslaughter by the court martial despite the fact that it was junior officers that meted out the punishment. It seems the military judges accepted the fact that they were obeying lawful orders and thus acquited them while the blame was squarely given to the man who should have supervised the punishment.

Is it possible in a civilian court those soldiers would be excused for simply following orders? Maybe Falana and the person defending him above knows some new civilian law that I don't know that allows you to commit a crime and say you were just following orders? (Funnily this is the same laughable excuse Deizani is giving to UK courts for her corruption case ).

Anyway, for Gen Zs, try and watch "A few Good Men" by Tom Cruise, I know it is before una time, but it covers a story quite similar to the murder case above and how court martials protect junior officers.

Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Flangelo12: 12:55pm On Feb 03
It is never tried in a civilian court.

NEVER.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Nobody: 12:58pm On Feb 03
Sirmwill:
Hmmmm
That's interesting


So
Why are judgements still being passed in the military courts?
Because nigeria is a shithole.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Dennisochampa: 12:58pm On Feb 03
So how will the soldiers who plan a coup be punished if there is no court marhall??

Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Heffalump(m): 1:03pm On Feb 03
Even Tinubu plotted a civilian coup to snatch power and ran with it. do me and I do you, God nogo vex.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by ALTERNATEID: 1:04pm On Feb 03
They should first be court martial by the military before being prosecuted by the civil court.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Naustine(m): 1:12pm On Feb 03
Sirmwill:
Hmmmm
That's interesting


So
Why are judgements still being passed in the military courts?
Read again
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by BadBradley: 1:13pm On Feb 03
Ofunaofu:
https://www.vanguardngr.com/2026/02/alleged-coup-soldiers-cant-be-court-martialed-under-nigerias-democratic-system-falana/
The federal government that has by practise illegally projected the military above the law is now being bitten on her arse.

Remember when the recalcitrant military officer challenged the FCT minister and illiterates were supporting him out of ignorance and sentiment?

Things like that give the military a false sense of superiority when they are under civilian authority and rule
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by tomju2(m): 1:13pm On Feb 03
9
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.
There are post you make and immediately people will spot your foolishness. A man who is a Senior Advocate of Nigeria, SAN, the highest "rank" a lawyer can attend in Nigeria, is interpreting what the constitution says about treasonable crimes against the state, and all you can do is insult him? How dare you do that? Do you even have basic WAEC certificate? Do you? I'm not sure. You sound too illiterate with that post. What a shame. Spits.

That's what the old man needed to say instead of looking to trend.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by tomju2(m): 1:15pm On Feb 03
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.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by PigTormentor: 1:18pm On Feb 03
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.
The man has lost all credibility. He's spewing garbage.
This is what happens to anyone who talks too much. Too much cho cho will eventually lead to talking garbage.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Gajagojo: 1:30pm On Feb 03
nairalanda1:
Which is kind of what I said, old man.
That is not what you said don't lie


This is what you said


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).
No soldier was tried in a civillian court
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by swimmer: 1:41pm On Feb 03
Ofunaofu:
https://www.vanguardngr.com/2026/02/alleged-coup-soldiers-cant-be-court-martialed-under-nigerias-democratic-system-falana/
Falana is wrong on this.

The Constitution provides for a military tribunal and one of the conditions is if one of the parties is a military person, only a military tribunal can sit on it.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by U09ce: 1:45pm On Feb 03
Not a lawyer, I think the alleged coupists would be tried before a court martial to breaching service rules. But the main crime of attempt to overthrown government would be before civil courts.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by WYZAD(m): 1:49pm On Feb 03
Sirmwill:
Hmmmm
That's interesting


So
Why are judgements still being passed in the military courts?
Ask falana ooo.
He keep changing d goal post
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by BondRiv: 1:51pm On Feb 03
"The human rights lawyer, explained that “court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy."


This Falana sef. Who ranks higher than Tinubu in the military? He is the Commander-in-Chief. They deserve to be court-martialed, if they attempted a coup.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by azukaazuka69: 1:54pm On Feb 03
bennybuhari:
Nobody listens to Falana anymore
Bro Are u 4 real the guy is over sound he even won a case against Facebook. If you can win against Facebook or Google you are a champion because every thing they do is agreed on by close to 12 different lawyers, they do that to avoid lawsuits.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by AndroBlaze: 1:56pm On Feb 03
BondRiv:
"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."


This Falana sef. Who ranks higher than Tinubu in the military? He is the Commander-in-Chief. They deserve to be court-martialed, if they attempted a coup.
Don't mind Falana, maybe they intended to remove the '"government" and leave Tinubu as Commander-In-Chief of the Armed Forces of Nigeria......like I said earlier, he just wants to trend with a particular crowd.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Mitsurugi(m): 2:05pm On Feb 03
Gajagojo:
That is an assumption

He is only trying to be clever by half

He specifically mentioned treason and felony

Who said those are the charges?
Let us wait and see

The democracy and our laws provide for military courts and Falana himself has participated
If it's not treason and felony then what remains legally speaking?
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by nairalanda1(m): 2:11pm On Feb 03
Gajagojo:
That is not what you said don't lie


This is what you said





No soldier was tried in a civillian court
OKey dokey .
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by KingRabota: 2:27pm On Feb 03
[quote author= post=138349118]Makes perfect senseeee[/quote]
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by JuanDeDios: 2:32pm On Feb 03
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.
You should read him well. He doesn't say court martials aren't a thing or can't pass sentences. He says treason is a regular criminal offence (not a military offence) and should be tried by regular courts.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by frog12: 2:51pm On Feb 03
this na one of the worst lawyers.

i pity him clients
grin grin
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by frog12: 2:54pm On Feb 03
i think he misinterprets grin
Goldforever:
This man in many occasions interpreted laws wrongly. I think listening to any lawyer in any thing that has to do with law interpretation are just a waste of time. What this lawyer is trying now is to market himself so those arrested will seek for him to represent them, nothing. He wants to cash out. His legal fees for this case he is asking for indirectly will not be less than #300m.
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by Chucks13: 3:10pm On Feb 03
Alright we go see may be na you write Military rules and regulations? We shall see may be na you go tell Mllitary how to handle their unruly personnel? You go tell us may be na you go dictate for govt over coup?

Either court marial or not no where in the world you plan coup and you are caught and you will be pardon nowhere so Falana when you finish your rants you go rest.

Don't plan coup, don't involve in it it's unforgiveable offense regardless it's democracy or millitary...


Those who secretly send dem to do coup don see you Falana ba? We sabi dem all we arre closer to dem to be arrest cus dem already mentioned their names proper investigating still going on
Re: Alleged Coup: No Court-martial For Soldiers In Democracy — Femi Falana by 4usng: 3:35pm On Feb 03
Ofunaofu:
“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.
https://www.vanguardngr.com/2026/02/alleged-coup-soldiers-cant-be-court-martialed-under-nigerias-democratic-system-falana/
This is false.

Similar to the United States Unified Code of Military Justice (UCMJ), the Nigeria's Armed Forces Act (AFA) Cap A20 Laws of the Federation of Nigeria 2004, is the primary legislation that regulates discipline, defines offences, and provides the framework for courts-martial in the Nigerian Army, Navy, and Air Force.

Here are the key details regarding the Nigerian military justice system:

1. Governing Law: The Armed Forces Act (AFA) (formerly Decree 103 of 1993).

2. Court Structure: The AFA provides for the establishment of Courts-Martial to try service personnel.

Types of Courts-Martial:

General Court-Martial (GCM): Handles serious offenses and can impose severe punishment, including death.
Special Court-Martial (SCM): Handles less serious offenses, with limitations on sentencing power.

3. Ad Hoc Nature: Unlike the U.S. system which has standing courts, Nigerian courts-martial are ad hoc, meaning they are convened by a commanding officer when needed and dissolved after the trial.

4. Appellate Process: Appeals from courts-martial go to the Court of Appeal and, ultimately, the Supreme Court of Nigeria.

Like the UCMJ, the AFA covers offenses such as insubordination, desertion, mutiny, and theft of arms.
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