Legal Practitioner, Professor Anthony Agbazuere warned that the extended detention of alleged coup plotters without trial undermines Nigeria’s legal framework.
This is following a protest that held in the country’s capital, Abuja, by the wives of detained military officers.
Speaking with ARISE NEWS on Wednesday, Prof. Agbazuere said:
“Keeping people like that perpetually in a military-civilian setting is wrong. Very, very wrong. It is adverse to our laws.”
He emphasised that treason cases must be handled by the Federal High Court, as military tribunals have no constitutional authority in a democratic setting.
“If these people had plotted to overawe the state or take over government by force, one can only look to treason or treasonable felony, which is found in Section 37 of the Criminal Code. Now, if you look at Section 6 of the Nigerian Constitution, judicial powers are only conferred on the courts listed there; military tribunals are not there. And if you look at Section 251, Subsection 2 of the Constitution, the court that has powers to try persons for treason and treasonable felony is the Federal High Court.
“So one would expect that if the people who had been detained have been seen or are being seen to have committed anything, they should be brought to the Federal High Court. And if they still feel they’re still investigating—investigations are still ongoing—they could still approach the court; court could still give them time. Let it be the court that is saying you still have 14 more days to keep them,” he said.
Professor Agbazuere said the matter should be handed over to the Attorney General of the Federation, who is best positioned to manage the legal process properly.
“What I’m also trying to say is that they should hand over this matter to the Attorney General of the Federation, who knows what to do. He knows what to do,” he advised.
Adding, he noted that treason carries severe penalties, but proper legal procedures are needed to balance national security with the rights of the accused.
“Even this treason under Section 37 of the Criminal Code, the punishment is death, except where you were only an accessory—then it becomes life imprisonment. But just like what they are saying, in the process of all of that, some people may even be found innocent. That’s why it’s good you’re tried in a court where people will see what is going on, and the one that is also allowed in a democratic setting.”
He concluded that treason carries the same punishment regardless of the court and urged the Attorney General to handle the case, warning against future plots.
“Like I said, whether it is the tribunal or the Federal High Court, the punishment is the same, except if they didn’t commit anything. But I think the proper thing is that they should allow the Attorney General of the Federation, who is very knowledgeable, to handle this, and our Presidency is also somebody who is quite kind.
“And those who planned such things should not plan again because it’s not good for the country,” he advised.
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