A member of the Osun State House of Assembly, Kanmi Ajibola, has dragged the Nigerian military to court over the recent allegation of a coup attempt to sack the current democratic government and forcefully remove elected officials, including President Bola Tinubu.

Ajibola, a lawyer and a former Chairman of the Nigeria Bar Association (NBA), Ilesa Branch, listed the Nigerian Army, the Air Force, the Navy and the Attorney-General of the Federation as defendants in his suit filed on Thursday, October 30, at the Federal High Court, Osogbo, Osun State.

The bone of contention In his 23-paragraph affidavit attached to his originating summons was that there is nowhere in the Constitution or any Act of Armed Forces Act or any other Act of the National Assembly where the military is empowered to take over civil rule.

The lawmaker, representing Oriade State Constituency while listing five questions before the court for determination, noted that Section 217 (2) of the 1999 Constitution which listed the functions of the first three defendants was clear, saying there was nowhere stated that in their capacities to either by their officers or personnel perform, act or engage in any duty or duties contrary to those functions spelt out.

He also noted that the military is under compulsion to obey Sections 1 (2), 150 and 217 of the 1999 Constitution and Section 1 (3 to 5) of the Armed Forces Act and therefore asked the court to permanently ban the nation?s armed forces from forcefully taking over power, governance and control of Government of Nigeria by the way of coup d?etat or by any other means unknown to the Nigerian Constitution.

In his sworn affidavit, Ajibola, who listed the constitutional role of the armed forces, noted that the last reported alleged coup attempt was a bad omen and a slap on the face of all true democrats who fought for the enthronement of democracy in Nigeria.

The assemblyman said he strongly believed that the officers allegedly involved in the coup ?are still under the wrong knowledge that they can forcefully take over power, governance and control of the government of Nigeria by the way of coup d?etat?.

He added that as a lawyer and a Nigerian who has fulfilled his obligations and carried out his duties as a citizen, he has the right to bring the armed forces before the court. (The Guardian, excluding headline)

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