Falana urged that those officers be formally charged before competent courts. The lawyer insisted that their continued detention without access to lawyers or family members violates both the Constitution and international human rights standards.
Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana, has called on the Nigerian military authorities to immediately release all military officers detained over the alleged coup d’etat to overthrow President Bola Tinubu’s government.
Falana urged that those officers be formally charged before competent courts. The lawyer insisted that their continued detention without access to lawyers or family members violates both the Constitution and international human rights standards.
Falana, in a statement, disclosed that while he remains totally opposed to any form of unconstitutional change of government, the rule of law must not be sacrificed under any guise, warning that prolonged detention without access to family or legal counsel undermines democratic values and due process.
According to him, the Nigerian authorities are under a clear legal obligation to respect the rights of the detained officers, stressing that they are presumed innocent until proven guilty by the State in accordance with the law.
The controversy dates back to October 18, 2025, when SaharaReporters reported that senior military officers had been arrested and detained over an alleged plot to stage a coup d’état against the President Tinubu’s administration.
It was later revealed that 16 officers were detained.
Meanwhile, the report sparked widespread concern and speculation across the country but was swiftly denied by military authorities.
In a press statement at the time, the Director of Defence Information, Brigadier General Tukur Gusau, dismissed the coup plot narrative, stating that the arrests were the outcome of a routine internal military exercise.
“The Armed Forces of Nigeria wishes to inform the public that a routine military exercise has resulted in the arrest of sixteen officers over issues of indiscipline and breach of service regulations,” Gusau said
He further explained that investigations revealed that the officers’ grievances were largely linked to perceived career stagnation arising from repeated failures in promotion examinations, among other internal issues.
According to him, some of the officers had already been under military jurisdiction for various offences, either awaiting trial or undergoing disciplinary processes, and their conduct was deemed incompatible with the standards and ethics of military service.
Reinforcing the military’s position, the Minister of Information and National Orientation, Mr. Mohammed Idris, told The Punch newspaper that the Federal Government had full confidence in the Armed Forces and no reason to doubt the Defence Headquarters’ explanation.
He described the coup plot report as fake and unfounded.
“The Federal Government believes that the Armed Forces of Nigeria is committed to ensuring the territorial integrity of the country and strengthening its fight against insecurity. The Federal Government commends the military and will continue to support them in ensuring the security of Nigeria,” Idris stated.
However, despite the official denials, fresh reports emerged a few weeks later indicating that an additional 15 military officers of various ranks had been arrested in connection with the alleged coup plot, pushing the number of detained officers to over 40.
The situation became more troubling when the names of some of the detained officers were published in the media, while reports also suggested that a top member of the ruling party and some military officers allegedly linked to the plot were at large.
Falana noted that notwithstanding the repeated official denials, credible information has confirmed that the detained officers were indeed investigated for alleged involvement in the rumoured coup plot.
More disturbing, he said, are reports from family members and legal representatives of some of the officers, who claimed they have been denied access to their clients and loved ones for nearly three months.
“It is pertinent to point out that the authorities are under a legal obligation to respect the human rights of the detained military officers since they are presumed innocent until the contrary is proved by the State,” Falana said.
He warned that holding officers incommunicado for months without charge or trial violates not only the Armed Forces Act but also the provisions of the Nigerian Constitution and international human rights conventions to which Nigeria is a signatory.
While reiterating his opposition to coups and any unconstitutional seizure of power, Falana said respect for due process is non-negotiable in a democratic society.
“Even though we are totally opposed to any form of unconstitutional change of government, we are compelled to demand for the conditional or unconditional release of the detained military officers from custody,” he said.
However, Falana made it clear that if the authorities possess prima facie evidence linking the officers to a genuine plot to overthrow the government, the proper course of action is prosecution, not indefinite detention.
“If there is prima facie evidence that they had plotted to overthrow the Government, they should be arraigned before special courts-martial and general courts-martial in line with the provisions of the Armed Forces Act and the Nigerian Constitution,” the senior lawyer added.