Human rights and development lawyer Frank Tietie has stated that the Armed Forces lack the constitutional authority to try officers accused of a coup plot against President Bola Tinubu for treason.
According to him, treason is an offence that can only be prosecuted by a civilian court.
Speaking on Monday during an interview with Arise News, Tietie explained that the military can only allege mutiny by its personnel, but they do not have the power to try any officer for treason.
The legal expert also cautioned against casually throwing the word “coup” around amid ongoing investigations into alleged misconduct by some serving officers.
“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. 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.
“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.
Naija News recalls that the Defence Headquarters, in a statement on Monday, disclosed that 16 officers are set to face trial after the conclusion of investigations into allegations that they were involved in a plot to overthrow the government of President Bola Tinubu.
In his reaction, Tietie commended the security forces for uncovering the coup attempt before it could be carried out.
He insisted that regardless of what some people feel about Nigeria’s democracy, it does not have an alternative.
“First, I am very happy with whichever intelligence agency uncovered the attempted coup before it actually matured. It did not matter whether the Defence Headquarters was in the picture at the time. 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.
“This is commendable because this is a hard-fought and hard-won democracy. It may be wobbling, it may be difficult, but it does not have an alternative,” he said.
Military Report Subject To Review
The lawyer also added that the report by the military, which implicated several officers, is not conclusive yet and is very much subject to further review.
He agreed that a coup is a serious offence, but warned against sensationalizing the matter.
“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.
“We must not forget the seriousness of this allegation. A coup to overthrow a democratically elected president is not only unacceptable, it is one of the worst offences in Nigeria because we are still a retentionist country where treason carries the death penalty, either by hanging or firing squad. That is a very gruesome part of our history.
“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.
“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,” Tietie said.
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