- the armed forces must operate strictly within the boundaries
- He further maintained that the military is bound by Sections 1 (2), 150,
- he has a duty to defend democratic governance through legal means
An Osun State legislator, Kanmi Ajibola, has filed a lawsuit against the Nigerian Armed Forces over allegations of a planned coup aimed at removing President Bola Tinubu and other democratically elected officials.
Eko Hot Blog gathered that Ajibola, who represents Oriade Constituency in the Osun State House of Assembly, lodged the case at the Federal High Court in Osogbo on Thursday, October 30.
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The lawmaker, a lawyer and former chairman of the Nigerian Bar Association (NBA), Ilesa Branch, urged the court to bar the military from ever attempting to seize power or disrupt Nigeria’s democratic system.
Listed as defendants in the suit are the Nigerian Army, Navy, Air Force, and the Attorney-General of the Federation.
In his supporting affidavit, Ajibola argued that no section of the Nigerian Constitution or the Armed Forces Act grants the military the authority to overthrow a civilian government. He stressed that the armed forces must operate strictly within the boundaries of their constitutional duties as defined in Section 217 (2) of the 1999 Constitution.
He further maintained that the military is bound by Sections 1 (2), 150, and 217 of the Constitution and Sections 1 (3–5) of the Armed Forces Act, which collectively uphold the supremacy of civil authority.
Ajibola requested a perpetual injunction restraining the military from any coup attempt or undemocratic action, describing the alleged plot as “an insult to all true democrats who fought for Nigeria’s democracy.”
He added that as a responsible citizen, he has a duty to defend democratic governance through legal means.
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