Suspects implicated in the alleged coup attempt against Nigeria’s democratic order may face the death penalty or life imprisonment if found guilty, under existing military and civilian laws governing treason and related offences.
Legal experts note that the Armed Forces of Nigeria derives its disciplinary authority over serving personnel from the Armed Forces Act, which provides the framework for investigating, charging and trying officers accused of coup-related offences through court-martial proceedings.
Under the Act, offences such as mutiny, attempted mutiny, conduct prejudicial to service discipline, treasonable or subversive acts, as well as aiding, abetting or failing to suppress coup plotting, attract severe penalties upon conviction.
Such cases are tried either by a General Court-Martial or a Special Court-Martial constituted by the appropriate military authority, depending on the gravity of the offence and the rank of the accused officers.
However, a key legal distinction exists. While the military may try serving officers under the Armed Forces Act, offences amounting to pure treason or attempted overthrow of the state—particularly where civilians or retired officers are involved—fall under civilian jurisdiction.
Under the 1999 Constitution (as amended), the Federal High Court has exclusive jurisdiction over treason and treasonable felony, meaning such cases must be prosecuted in civilian courts rather than through military tribunals.
In southern Nigeria, the Criminal Code defines treason as levying war against the state to intimidate or overawe the President or a state governor, including conspiracy to do so within or outside Nigeria. In northern states, the Penal Code similarly defines treason as levying war against the state or attempting to remove the President or Governor by force.
Under both legal regimes, treason attracts the death penalty, while attempts, conspiracy or abetment may result in life imprisonment or other custodial sentences, depending on the circumstances.
Although the military had earlier denied reports of a botched coup, an investigative report later submitted to President Bola Ahmed Tinubu reportedly confirmed the involvement of some officers in efforts to undermine Nigeria’s democratic order.
On January 26, 2026, the Director of Defence Information, Samaila Uba, disclosed that investigations had identified officers accused of plotting to overthrow the government, describing their actions as inconsistent with the ethics and professional standards of the Armed Forces.
He said investigations had been concluded and forwarded to the appropriate superior authority, adding that those found to have cases to answer would be formally arraigned before the relevant military judicial panels.
Meanwhile, the Minister of Defence, Christopher Musa, said the suspects were fully aware of the gravity and consequences of their actions.
Speaking during a working visit led by President Tinubu, Musa said the officers would undergo free and fair court-martial proceedings with access to legal representation, assuring that the families of the suspects would also be treated fairly by the government.
By Linus Aleke, Abuja
About the Author
