Alleged coup plotters cannot be court-martialled, must be tried in Federal High Court – Falana
*Calls on military to apologise for earlier denial of coup plot
By BASHIR ADEFAKA
“If you commit an offense and you are subject to military law, according to them maybe it’s about indiscipline, you can try it under the court-martial. But if you are talking about attempted coup, you have to go to the Federal High Court.”
Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Chief Femi Falana, has faulted the Defence Headquarters’ plan to court-martial officers accused of plotting to overthrow the Bola Tinubu-led government, insisting that such offences are triable only before a Federal High Court.
ALSO READ: Nigerian military confirms alleged coup, sets stage for court-martial
Reacting to the DHQ’s announcement on Monday, January 26, 2026, that 16 officers had been indicted and would face a military judicial panel over an alleged coup plot, Falana said the nature of the allegation goes beyond military indiscipline and therefore falls outside the jurisdiction of a court-martial.
The former Chairman ECOWAS Bar Association (EBA) said since the matter at hand is not about indiscipline but attempted coup, the accused officers should not be tried militarily but through a civil court.
Chief Falana, who called the The DEFENDER in a remarkably quick response to its enquiry on Tuesday January 27, said, “On this matter I was in Channels Television today. My position is that, if you commit an offense and you are subject to military law, according to them maybe it’s about indiscipline, you can try it under the court-martial. But if you are talking about attempted coup, you have to go to the Federal High Court.
“And I am demanding, since you said you have inducted 16 and you have arrested about 42 people, you have to release the others. Even the ones you have inducted are entitled to having access to their lawyers.”
This global online newspaper reports that the military had made known on Monday the disclosure of its indictment of the 16 officers and setting of stage for their court-martial, more than three months after it announced in October 2025, saying that they had been arrested for acts of indiscipline and violations of service regulations.
At the time, the military denied reports that the cancellation of the 2025 Independence Day parade was linked to an alleged coup plot, describing the claim as false, malicious, and capable of creating unnecessary tension and distrust among Nigerians.
However, reacting to the military’s latest statement, which acknowledged an alleged plot to overthrow the government, Falana said the development suggested that the authorities deliberately misled the public.
Speaking on Channels Television’s Sunrise Daily on Tuesday, January 27, Falana explained that while offences bordering on indiscipline may be handled under military law, allegations of attempted coup amount to treason or treasonable felony, which must be prosecuted in a civil court.
“If you commit an offence and you are subject to military law, and it is about indiscipline, you can be tried by court-martial,” he said. “But if you are talking about an attempted coup, you have to go to the Federal High Court.”
Falana also demanded the immediate release of those arrested but not formally charged, noting that about 42 persons were reportedly detained in connection with the alleged plot.
“Since you said you have indicted 16 and arrested about 42 people, the others must be released,” he said, adding that even the indicted officers are entitled to unhindered access to their lawyers.
The senior lawyer criticised the military for what he described as misleading the public, recalling that in October 2025 the Army had denied reports of a coup plot, insisting at the time that the arrests were related only to acts of indiscipline and violations of service regulations.
The military had also dismissed claims that the cancellation of the 2025 Independence Day parade was linked to a coup plot, describing such reports as false and malicious.
However, Falana said the latest admission by the military that there was an alleged plot to overthrow the government contradicted its earlier position and warranted a public apology.
“Yesterday, the military authorities ought to have apologised to Nigerians. People in authority must learn to take us seriously as a people,” he said.
According to him, reversing such a serious claim without an apology was unacceptable.
“If you had made a statement three months ago that there was no coup plot and later discovered that the matter went beyond indiscipline, you ought to have apologised to the Nigerian people,” Falana added.
He further condemned the reported denial of access to legal counsel, family members and doctors for the detained officers, describing it as a violation of their fundamental rights.
Falana expressed hope that the military would still tender an apology to Nigerians and ensure that due process is followed in handling the case.
