Uncertainty has continued to trail the prosecution of military officers accused of plotting a coup against President Bola Tinubu, as the Federal Government is yet to decide the appropriate legal forum for their arraignment.
The officers, allegedly linked to a plot against the administration of Bola Ahmed Tinubu, are at the centre of a jurisdictional debate over whether they should be tried before a court-martial or a civilian court.
According to findings, the delay in initiating formal proceedings stems from a lack of consensus between military authorities and officials within the Presidency and the Federal Ministry of Justice.
The Director of Defence Information at the Defence Headquarters, Maj. Gen. Samaila Uba, had earlier indicated that the suspects would be brought before “relevant military judicial panels” in accordance with the Armed Forces Act and other service regulations. However, weeks after that declaration, no arraignment has taken place.
Senior military sources disclosed that while the leadership of the Armed Forces favours a court-martial for the indicted officers, some officials at the federal level have questioned whether such a route is appropriate, given that the alleged offence occurred under a democratically elected government rather than a military regime.
One senior officer at the Defence Headquarters explained that the military was awaiting a directive from the President, who is the Commander-in-Chief of the Armed Forces, on whether to constitute a court-martial panel.
He clarified that the military’s position is that only serving personnel implicated in the alleged plot would be subjected to court-martial, while any civilians connected to the case would be arraigned before a regular court.
At the Nigerian Army Headquarters, another top officer confirmed that investigations into the alleged coup attempt had been concluded and that the suspects would be arraigned “very soon.” He, however, noted that the final decision on the appropriate court rests with the President.
Meanwhile, a senior official at the Federal Ministry of Justice acknowledged that the Attorney General’s office had yet to reach a definitive position on the matter. According to the official, the situation has generated confusion because it represents an unprecedented scenario in Nigeria’s democratic era.
He explained that previous coup attempts in the country occurred under military governments, where established procedures guided the handling of such cases. In contrast, the current case requires careful legal consideration to determine which court has proper jurisdiction.
The official stressed that the government is taking its time to ensure that any prosecution proceeds within the bounds of the law, warning that rushing the process without resolving jurisdictional questions could undermine the case.
