Why Armed Forces Cannot Try Officers Accused Of Coup Plot

Why Armed Forces Cannot Try Officers Accused Of Coup Plot – Lawyers
Alleged coup cases must go through civilian courts
Military report subject to legal review

Human rights and development lawyer, Frank Tietie, has said the Armed Forces do not have the constitutional authority to try officers accused of plotting a coup against President Bola Tinubu for treason.

EDITOR’S PICKS

EKO HOT BLOG reports that Tietie explained that treason is a criminal offence that can only be prosecuted before a civilian court, insisting that the military is limited to handling allegations of mutiny involving its personnel.

Speaking during an interview on Arise News on Monday, the legal practitioner cautioned against the frequent use of the word “coup” while investigations into alleged misconduct by some serving officers are still ongoing.

He said the Armed Forces Act does not empower the military to try any officer for treason or attempted overthrow of a civilian government.

“When you say coup, you raise the elements of the Criminal Code on attempting to overthrow the government by force. However, the Armed Forces do not have the power to accuse or try any service officer for treason,” Tietie said.

He added that while the military may allege mutiny, any charge relating to treason must be prosecuted in a civilian court with proper jurisdiction.

His comments followed a statement by the Defence Headquarters, which disclosed that 16 officers would face trial after investigations into allegations of a plot to overthrow the government of President Tinubu.

Reacting to the development, Tietie commended the security agencies for uncovering the alleged plot before it was executed, describing the action as a boost for Nigeria’s democracy.

He noted that intelligence gathering, analysis and investigation were carried out over several months before a report was submitted to the President in his capacity as Commander in Chief.

Tietie also stressed that the military report is not final and remains subject to further legal review, including advice from the Attorney General of the Federation.

He warned against sensationalising the allegation, noting that treason is one of the most serious offences under Nigerian law and carries the death penalty.

Why Armed Forces Cannot Try Officers Accused Of Coup Plot - Lawyers — Why Armed Forces Cannot Try Officers Accused Of Coup Plot – Lawyers

According to him, any genuine allegation of a coup in a democratic system must be tried before the Federal High Court and follow the full judicial process, not a court martial.