Indecision Clouds Trial of Suspected Coup Plotters

By 𝔸bdulrazak Tomiwa

The Federal Government is undecided on whether to try suspected coup plotters in a military court-martial or a regular civilian court.

This lack of direction has stalled the prosecution of those accused of attempting to topple President Tinubu’s administration.

Legal confusion stems from this being the first major coup attempt under a modern democratic government. While the military leadership favors a court-martial for the 16 indicted officers, the Presidency remains unconvinced that such a venue is constitutionally appropriate.

In late 2025, the military arrested several high-ranking officers and 24 civilians following the alleged plot. Despite concluding investigations, authorities have remained silent on the official commencement of trial proceedings.

Senior Advocate of Nigeria, Femi Falana, warned that any court-martial verdict would likely be nullified by higher courts. He maintains that, “The Constitution states that treason and treasonable felony shall be tried in the Federal High Court. You can’t go to any other court.”

Falana also criticized the ongoing detention of over 40 suspects, arguing that they should have been arraigned months ago. He stated that keeping them without trial violates constitutional rights and amounts to an unlawful media trial.

The Ministry of Justice has confirmed that the legal approach requires careful study to establish proper jurisdiction. Ultimately, the final decision on the mode of trial rests with President Tinubu as the Commander-in-Chief.