Human rights and development lawyer Frank Tietie has cautioned that the Nigerian military does not have the legal authority to try serving officers for treason or alleged coup plotting under the Armed Forces Act, insisting that such offences fall strictly within the jurisdiction of civilian courts.
Tietie issued the warning while reacting to recent confirmation by the Defence Headquarters that investigations had been concluded into allegations that some military officers were involved in a plot to overthrow the government of President Bola Ahmed Tinubu, with plans announced to arraign the affected officers before a military judicial panel.
According to the legal practitioner, while allegations of an attempt to overthrow a democratically elected government are extremely grave, Nigeria’s existing legal framework does not permit the military to prosecute treason through court-martial proceedings.
“This question is very important because when you say coup, we automatically raise the elements of Section 37 of the Criminal Code. This is about trying to overthrow the government of Nigeria by force,” Tietie said.
“But when you keep mentioning the Armed Forces Act, the armed forces in Nigeria do not have the power to accuse any service officer of treason.”
He explained that although the military may lawfully investigate internal misconduct and possibly raise allegations of mutiny, it lacks the jurisdiction to try treason or attempted coup.
“Yes, they may be able to raise allegations of mutiny, but they cannot try treason. That is why there is something technical about the report submitted to the president, because the Armed Forces Act does not grant jurisdiction to the military to try any officer for an attempted coup,” he said.
Coup Allegations Must Go To Civilian Courts
Tietie stressed that in a constitutional democracy, any allegation of an attempted coup must be subjected to full judicial scrutiny within the civilian court system.
“If you are truly alleging a coup in a democracy, it cannot end in a court martial. It must go to the Federal High Court and pass through the full appellate process of our judicial system,” he said.
He warned against the casual or sensational use of the word “coup,” noting Nigeria’s traumatic history with military takeovers.
“We should be careful with the use of the term ‘coup’ because it sends shockwaves through the polity. This is a democracy, not the era of the Armed Forces Ruling Council or the Supreme Military Council, where a court martial decided everything.”
Commends Early Intelligence, Urges Due Process
Despite his legal concerns, the lawyer commended Nigeria’s intelligence and security agencies for uncovering the alleged plot before it escalated.
“First, I am very happy with whichever intelligence agency uncovered the attempted coup before it actually matured,” he said.
“What matters is that intelligence was gathered, analysed, and investigated over three months before the report was submitted to the president in his capacity as commander-in-chief.”
Tietie described the development as a positive signal for Nigeria’s democracy, describing it as “hard-fought and hard-won.”
“It may be wobbling, it may be difficult, but it does not have an alternative,” he added.
Report Not Final, AGF’s Advice Critical
The human rights lawyer noted that reports suggesting about 16 officers, ranging from the rank of captain to brigadier-general, were implicated should not be treated as conclusive.
“This report is not conclusive yet. It will be subjected to further review, including legal advice from the Attorney-General of the Federation, to determine whether the facts disclosed amount to an attempted coup, a treasonable felony, or something else,” he said.
He emphasised that legal characterisation of the allegations remains crucial before any trial process begins.
Warning Against Death Penalty, Historical Lessons
Tietie also raised concerns over Nigeria’s retention of the death penalty for treason, describing it as outdated and counterproductive.
“The death penalty is old-school. It is barbaric. It does not solve the problem; it traumatises the entire polity,” he said.
“I lived through the days of the firing squad, and it only served to increase crime and cheapen human life.”
He argued that modern democratic societies prioritise reform and preservation of life over capital punishment.
Rights Of Detained Officers Must Be Respected
Addressing reports about the detention of the officers involved, Tietie reminded authorities that constitutional safeguards still apply.
“These are Nigerian officers, Nigerian citizens, and these are only allegations. They are presumed innocent,” he said.
“You cannot keep people in detention indefinitely. If there is a case, charge them to court immediately.”
No Justification For Overthrowing Democracy
While defending due process and civil liberties, Tietie drew a firm line against any attempt to undermine democratic governance.
“No matter how bad things are, we must never condone any attempt to remove a democratically elected president,” he said.
“Democracy may stumble and rumble, but it has no alternative.”
