Falana stressed that such suspects must instead be prosecuted in civilian courts in line with constitutional provisions.
He made this clarification during an interview on national television, where he addressed growing public debate over the appropriate legal framework for handling alleged coup attempts in a democratic setting.
According to Falana, Nigeria is no longer under military rule and that the constitution clearly outlines how crimes against an elected government should be prosecuted.
“We are under a democratic government, and as far as the constitution is concerned, we have to take them to a high court,” Falana said.
“The soldiers cannot be court-martialed, they are not trying to remove a military dictator. It’s an attempt to remove an elected government, a constitutional government, to disrupt the constitutional arrangement,” he stated.
The human rights lawyers, explained that “court-martial proceedings are designed primarily for breaches of military discipline and offenses committed strictly within the military hierarchy.
“However, when the alleged offense amounts to treason or an attempt to overthrow a democratically elected government, the matter transcends internal military discipline and becomes a constitutional crime against the state.”
Falana noted that prosecuting such cases through military tribunals would be inconsistent with democratic principles and could undermine the supremacy of the constitution.
“Treason and treasonable felony are offenses clearly defined under Nigerian law and fall squarely within the jurisdiction of civilian courts,” he maintained.
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