In a statement issued on Friday, Falana called on the AGF to invoke his constitutional powers under Section 174 to terminate what he described as an “illegal charge” against the accused military officers.
“I am compelled to call on the Attorney-General of the Federation and Minister of Justice to exercise his powers under Section 174 of the Constitution by terminating the illegal charge before the General Court Martial. Thereafter, the Attorney-General should proceed to charge the 36 accused military officers before the Federal High Court,” he said.
Mr Falana argued that only the Federal High Court has the jurisdiction to try offences such as treason and treasonable felony, citing Section 251 of the Constitution.
He also faulted the decision to prosecute some suspects in a civil court and others before a military tribunal for the same alleged offence, describing it as a violation of the principle of equality before the law.
“Since the Constitution guarantees equality of citizens before the law, the planned trial of six suspects in the Federal High Court and 36 others before a General Court Martial for the same offence cannot be justified,” he stated.
The senior advocate further maintained that a court martial lacks the legal competence to try offences bordering on terrorism, treason and treasonable felony under Nigeria’s current constitutional framework.
Drawing from historical precedents, Mr Falana noted that even during military rule, individuals accused of coup plotting were not tried by courts martial but by special military tribunals established under specific decrees.
He recalled that officers implicated in coup-related offences in 1976, 1990 and 1995 were tried under special tribunals rather than by military courts.
According to him, with the return to democratic governance in 1999 and the abolition of decrees guiding such tribunals, only constitutionally recognised courts—particularly the Federal High Court—can validly adjudicate on treason-related offences.
Mr Falana, therefore, insisted that the ongoing proceedings before the court martial should be discontinued in line with constitutional provisions.
