Human rights lawyer Frank Tietie warns alleged coup cases must be handled by civilian courts, not court-martial panels.

Human rights and development lawyer Frank Tietie has warned that the Nigerian military lacks the legal authority to try officers for treason or coup plotting, cautioning against the loose use of the word “coup” amid ongoing investigations into alleged misconduct by some serving officers.

Speaking in an interview with ARISE News on Monday, Tietie said while allegations of a plot to overthrow a democratically elected government are extremely serious, Nigeria’s Armed Forces Act does not empower the military to prosecute treason, insisting that any such charge must be handled by a civilian court.

“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,” he said.

“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.”

The Defence Headquarters (DHQ) had earlier confirmed the conclusion of investigations into allegations that some officers were involved in a plot to overthrow the government of President Bola Tinubu, reversing an earlier denial and announcing plans to arraign the officers before a military judicial panel.

Reacting to the development, Tietie commended intelligence agencies for detecting the alleged plot early, describing the process as a positive sign for Nigeria’s democracy.

“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,” he said.

“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.”

Tietie noted that about 16 officers, ranging in rank from captain to brigadier-general, were reportedly implicated, adding that the matter is far from concluded.

“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.

While stressing the gravity of the allegations, the lawyer warned against sensationalism, noting Nigeria’s painful history with coups.

“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.”

However, he emphasised that Nigeria’s democratic system demands restraint and due process.

“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,” Tietie said.

“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.”

On the death penalty, Tietie described it as outdated and counterproductive, citing decades of advocacy by civil rights groups.

“The death penalty is old-school. It is barbaric. It does not solve the problem; it traumatises the entire polity. I lived through the days of the firing squad, and it only served to increase crime and cheapen human life,” he said.

“Modern societies preserve life, reform life, and improve life. They do not descend into the barbarity of taking life.”

He also recalled that previous civilian administrations deliberately avoided inflammatory language when dealing with alleged coup plots.

“This is not the first allegation of a coup under a democracy. During the Balewa era, the government was careful to avoid words like coup and treason because they did not want to charge the polity. I think the current administration should take a cue from that.”

Despite concerns, Tietie said the Tinubu administration has handled the matter with restraint.

“I think the government is handling this well. There is no rush, unlike the military era. It took three months of investigation, and you can clearly see the supremacy of civilian authority. The armed forces could not act on their own; they reported to the president.”

Addressing reports about the condition of the detained officers, Tietie stressed their constitutional rights.

“It is very sad. These are Nigerian officers, Nigerian citizens, and these are only allegations. They are presumed innocent,” he said.

“As Femi Falana has rightly said, you cannot keep people in detention indefinitely. If there is a case, charge them to court immediately.”

He concluded by drawing a firm line between defending rights and condoning illegality.

“No matter how bad things are, we must never condone any attempt to remove a democratically elected president. Democracy may stumble and rumble, but it has no alternative.” (AriseNews TV, but headline reworked)

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