- Falana argued that trying the suspects in a military tribunal violates Section 251 of the Constitution
- this undermines the principle of equality before the law
- He said only the Federal High Court is empowered to handle such serious offences
Femi Falana has urged Lateef Fagbemi to halt the ongoing prosecution of 36 suspected coup plotters before a military court, describing the process as unconstitutional.
In a statement, the senior advocate called on the Attorney-General to invoke his constitutional authority under Section 174 to discontinue the case at the General Court Martial and instead arraign the accused officers before the Federal High Court, Eko Hot Blog gathered.
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Falana argued that trying the suspects in a military tribunal violates Section 251 of the Constitution, which grants the Federal High Court exclusive jurisdiction over offences such as treason and related crimes.
He also questioned the decision to split the trial, noting that while some suspects are being prosecuted in a civilian court, others are facing a military panel for the same allegations.
According to him, this undermines the principle of equality before the law.
The legal expert further maintained that a General Court Martial does not have the authority to handle cases involving terrorism, treason, or treasonable felony under Nigeria’s current democratic framework.
He referenced past instances, even during military rule, where individuals accused of similar offences were tried by special tribunals rather than court-martial panels.
Falana insisted that since the return to democratic governance in 1999 and the repeal of military-era decrees, only the Federal High Court is empowered to handle such serious offences.
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