Senior Advocate of Nigeria, Femi Falana, has called on the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), to exercise his powers under Section 174 of the Constitution by terminating what he described as the “illegal charge” preferred against the 36 alleged coup plotters before the General Court Martial.
In a press statement made available to journalists, Falana said the Attorney-General should instead proceed to charge the accused military officers before the Federal High Court.
“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,” the statement read in part.
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According to Falana, the planned prosecution of the military officers by a military court is a gross contravention of Section 251 of the Constitution, which has conferred jurisdiction on the Federal High Court to try treason and treasonable offences.
Falana said, “Since the Constitution has provided for equality of citizens before the law, the planned trial of six suspects in the Federal High Court and 36 other suspects in the General Court Martial for the same offence cannot be justified under any law in Nigeria.”
The senior lawyer noted that a General Court Martial lacks the jurisdictional competence to try the offences of terrorism, as well as treason and treasonable felony, under the current constitutional dispensation.
He recalled that even under the defunct military junta, coup plotters were never tried by any General Court Martial and specifically pointed out that military officers who were involved in treason or treasonable felony in 1976, 1990, and 1995 were not tried by courts-martial but by special military tribunals established under the Treason and Treasonable Decrees.
“Since all treason and other anti-democratic decrees were abolished in 1999 to pave the way for the restoration of democratic rule in Nigeria, any person involved in treason or treasonable felony can only be tried by the Federal High Court,” Falana added.