Nigerian military officers stand accused of plotting a coup. Court-martial or civilian trial? Femi Falana SAN says it cannot be a military trial. This article explains why. Excerpt:
“Since the indicted civilians are not subject to service law, they cannot be tried in a military court,” he said.
“Even in the case of Chief Moshood Kashimawo Olawale Abiola v The Federal Republic of Nigeria (1995) 1 NWLR (Pt.370) 155, the defendant was charged with treasonable felony at the Federal High Court. Similarly, in the case of Ameh Ebute v State (1994) 8 NWLR (Pt 360) 66, the defendants including Senator Ahmed Bola Tinubu (now President) were charged with treason at the Federal High Court.”
The lawyer recalled several landmark rulings, including the 2025 Supreme Court decision in Uganda, which declared that military courts lack jurisdiction to try civilians.
He said, “The illegal practice of prosecuting civilians in military courts has just been stopped by the Supreme Court of Uganda in the case of Dr. Kizza Besigye & Another v Attorney General & Another (Miscellaneous Cause 31 of 2025) [2025] UGHCCD 29 (24 February 2025).
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