A report has indicated that the Federal Government has failed to give instructions on how to handle the case of officers alleged to have plotted a coup against President Bola Tinubu.
According to Punch, the government has not decided on whether the suspects should be court-martialled or arraigned in a regular court.
Sources stated that there were concerns that the offence was committed under a democratic government, not in a military administration, where erring officers could have been arraigned in military courts.
The DHQ Director of Defence Information, Maj. Gen. Samaila Uba had earlier said that the suspects would be arraigned before “relevant military judicial panels to face trial in line with the Armed Forces Act” and other applicable service regulations.
However, no action has been taken so far.
It was learnt from top military officers that the silence was due to indecision on how to prosecute the suspects.
The officers, who spoke on condition of anonymity, told the aforementioned publication that while the leadership preferred to court-martial the indicted officers, the Presidency was not convinced that a military court was appropriate for the arraignment.
One of the officers at the Defence Headquarters, who is knowledgeable about the investigations, said, “We (the military leadership) are waiting for the President’s directive on the constitution of the court-martial panel.
“The DHQ had earlier announced that the indicted officers would be court-martialled in line with our rules. But there are some people, including government officials at the federal level, arguing that a court martial is not appropriate.
“But I think there is a clarification here. Only the military officers will be court-martialled. We have our system. We have our ways of doing things. The civilians will be taken to a regular court; they are not part of us.”
Similarly, a top military officer at the Nigerian Army headquarters stated that investigations had been concluded and that the indicted officers would be arraigned ‘very soon.’
“They will be arraigned very soon. Investigations have been concluded; that was why the DHQ came out to present a report on the coup plot. Whoever is yet to be arrested cannot run forever,” he said.
Asked whether the suspects would be arraigned in a regular court or court-martialled, the officer said, “I don’t know. I am not in a position to determine which court to approach. However, this is not from us (military authority), and I am yet to confirm it. I think some people are pushing for the indicted officers to be arraigned in a civilian court. That is left for the President to decide. He is the Commander-in-Chief of the Armed Forces.”
A senior official in the Federal Ministry of Justice also said the AG’s office had yet to decide which court would arraign the suspected coup plotters.
He said there was “confusion” over the arraignment process, explaining that it required a careful approach.
“Nothing has been concluded. The AG’s office is central to the trial, whether it is a court-martial or a regular court.
“There is, indeed, confusion because this is the first time a coup attempt would be made under a civilian government. Previous coups occurred under military regimes, and they had their ways of handling such matters.
“We cannot rush to any court; we need to establish that the court has jurisdiction to handle the matter,” the official said.
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