|
Listen to article
|
Senior Advocate of Nigeria Femi Falana has called on Attorney-General Lateef Fagbemi to shut down the military court proceedings against 36 alleged coup plotters and redirect the prosecution to the Federal High Court, arguing that subjecting the accused officers to a General Court Martial for treasonable offences is a constitutional violation that cannot be defended under any existing Nigerian law.
In a press statement issued Thursday, Falana said the planned trial before a military tribunal contravenes Section 251 of the Constitution, which vests exclusive jurisdiction in the Federal High Court over treason and treasonable offences. He invoked Section 174 of the same Constitution, which empowers the Attorney-General to discontinue criminal proceedings at any stage, urging Fagbemi to exercise that authority immediately and transfer all 36 accused officers to the civilian court where the charges properly belong.
“I am compelled to call on the Attorney-General of the Federation and Minister of Justice to exercise his powers under Section 174 of the Constitution by terminating the illegal charge before the General Court Martial,” Falana said. “Thereafter, the Attorney-General should proceed to charge the 36 accused military officers before the Federal High Court.”
Read also: Nigeria Split Over How To Try Alleged Coup Plotters
The constitutional argument gains added force from the existing split in how the broader group of accused is being handled. Six suspects in the same case are already being prosecuted before the Federal High Court, while the remaining 36 face trial before the General Court Martial — two different forums, for the same offence, involving co-accused in the same alleged plot. Falana described this arrangement as legally indefensible. “Since the Constitution has provided for equality of citizens before the law, the planned trial of six suspects in the Federal High Court and 36 other suspects in the General Court Martial for the same offence cannot be justified under any law in Nigeria,” he said.
Beyond the jurisdictional argument, Falana pointed to historical precedent to demonstrate that even Nigeria’s military governments — which were hardly restrained by constitutional niceties — did not resort to courts-martial for coup-related offences. Officers implicated in the 1976, 1990 and 1995 treasonable episodes were not tried by General Court Martial but by special military tribunals established under specific Treason and Treasonable Offences Decrees enacted for that purpose. Those decrees, he noted, were abolished in 1999 when democratic rule was restored. Their abolition left the Federal High Court as the only constitutionally competent forum for such prosecutions.
Read more: Failed Coup: I Was Meant To Be Killed – Defence Minster
“Since all treason and other anti-democratic decrees were abolished in 1999 to pave the way for the restoration of democratic rule in Nigeria, any person involved in treason or treasonable felony can only be tried by the Federal High Court,” Falana said, adding that a General Court Martial also lacks the jurisdictional competence to try terrorism-related offences under the current constitutional dispensation.
The case involving the 36 military officers was adjourned to April 27 after a court ordered accelerated trial proceedings. Whether Fagbemi will respond to Falana’s intervention — or whether the prosecution will proceed before the General Court Martial over the constitutional objections being raised — will likely be determined in the days ahead.
