Legal Debate on Military Trials for Civilians in Nigeria

The article addresses the legal complexities surrounding the trial of alleged coup plotters in Nigeria, particularly the distinction between military and civilian trials. Mr.

Falana asserts that civilians cannot be tried in military tribunals, citing Section 251(2) of the 1999 Constitution. Historical precedents are referenced, including the first treason felony case in Nigeria involving Chief Joseph Tarka in 1961 and subsequent cases in 1966.

The article highlights the African Commission on Human Peoples' Rights' position that military tribunals lack jurisdiction over civilians, emphasizing that such trials violate the right to a fair trial as outlined in Article 7 of the African Charter. The Nigerian government previously established special military tribunals in 1995 to address alleged plots against the state, leading to convictions of both military personnel and civilians.

The article concludes with the assertion that military trials for civilians are unconstitutional and calls for adherence to fair trial standards.