Human rights lawyer Femi Falana has urged Attorney-General of the Federation Lateef Fagbemi to stop the ongoing General Court Martial trial of 36 individuals accused of plotting a coup. In a statement released on Friday, Falana argued the military tribunal lacks constitutional jurisdiction over the suspects, who face charges related to an alleged attempt to overthrow the government. He cited Section 174 of the 1999 Constitution, which grants the AGF authority to discontinue prosecutions, and called on Fagbemi to exercise that power immediately.
Falana maintained that offences involving state security and insurrection fall under the jurisdiction of civilian courts, not military tribunals. He warned that proceeding with the court-martial risks violating the constitutional rights of the accused. The suspects are currently being tried in a closed military proceeding, with limited access to legal representation and public scrutiny. Falana emphasized that only a regular court can guarantee due process and transparency in such high-profile cases.
The AGF has not publicly responded to Falana's demand. The trial continues without disclosure of specific charges or evidence presented against the 36 suspects.
Femi Falana's intervention exposes a contradiction in trying civilian coup suspects in a military court despite constitutional provisions for civilian jurisdiction. If the 36 accused are not serving military personnel, their trial before a General Court Martial undermines their right to due process. Nigerians named in such proceedings risk opaque judgments without appeal mechanisms available in regular courts. This raises concerns about fairness, especially when the state cites national security to limit transparency.
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