FG should stop trial of 36 alleged coup plotters by a General Court Martial – Falana

Human rights lawyer, Femi Falana (SAN), has called on the Federal Government to halt the planned trial of 36 military officers before a General Court Martial over their alleged involvement in a coup plot.

Falana made the call in a statement issued on Thursday, following the arraignment of six individuals before the Federal High Court on Wednesday on charges of treason and terrorism.

Those arraigned include a retired major general and a serving police inspector, while a seventh suspect, Timipre Sylva, was listed in the charge but is reportedly at large.

The senior advocate disclosed that military authorities have concluded arrangements to prosecute 36 serving officers separately before a General Court Martial over the same alleged plot.

He noted that the court martial was convened for the purpose of trying the officers.

Falana argued that trying the military personnel before a court martial for treason-related offences, while other suspects are being tried before the Federal High Court, raises constitutional concerns.

According to him, offences such as treason and terrorism fall within the jurisdiction of the Federal High Court, and should be handled within that framework to ensure consistency in the application of the law.

He further maintained that the Constitution provides for equality before the law, stressing the need for a uniform legal process in handling such cases.

Falana also referenced past practices, noting that similar cases were historically handled outside the court martial system.

He, therefore, urged the Attorney-General of the Federation to exercise constitutional powers to discontinue the proceedings before the military tribunal and ensure that all suspects are tried in accordance with the law.

He emphasised the importance of due process and adherence to constitutional provisions in the prosecution of serious offences.

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