Suspects in Alleged Coup Attempt Face Death Penalty or Life Imprisonment
Linus Aleke in Abuja
Suspects implicated in the alleged coup attempt against Nigeria’s democratic order might face the death penalty or life imprisonment if found guilty, under existing military and civil laws governing treason and related offences.
The Armed Forces Act, Cap A20, Laws of the Federation of Nigeria 2004, which empowers military authorities to discipline serving personnel, provided the legal framework for investigating, charging, and trying officers suspected of involvement in coup-related offences.
Under the Act, such offences are prosecuted through a court-martial and attract severe penalties upon conviction.
The Act empowers military authorities to try serving personnel for offences connected with mutiny, attempted mutiny, insubordination, conduct prejudicial to service discipline, treasonable or subversive acts, as well as aiding, abetting, conspiring in, or failing to suppress or report mutiny or coup plotting.
These offences are tried either by a General Court-Martial or a Special Court-Martial, as constituted by the appropriate military authority.
However, an important legal distinction exists.
While the Armed Forces Act permits the military to try serving officers, pure treason or an attempted coup against the state, particularly where civilians or retired officers are involved, falls under civilian jurisdiction as provided by the 1999 Constitution (as amended).
Such cases are within the exclusive jurisdiction of the Federal High Court.
Specifically, Section 251 of the Constitution vests the Federal High Court with jurisdiction over treason, treasonable felony, and allied offences, meaning such matters must be tried in civilian courts rather than under ordinary state or military proceedings.
Further defining the offence, Section 37 of the Criminal Code Act, applicable in southern Nigeria, describes treason as any act in which a person “levies war against the State in order to intimidate or overawe the President or the Governor of a State,” including conspiracy to levy such war either within or outside Nigeria.
Similarly, Sections 410–412 of the Penal Code Act, applicable in northern states, define treason as levying war against the State or attempting to remove the President or Governor by force or constraint, as well as instigating foreign invasion.
Under both the Criminal Code and Penal Code, treason is punishable by death, while attempts, conspiracy, or abetment may attract life imprisonment or lesser terms, depending on the circumstances.
Although the military had earlier denied reports of a botched coup, an investigative report submitted to the president reportedly confirmed the involvement of some officers in the failed effort to undermine Nigeria’s democracy.
On 26 January 2026, the Director of Defence Information, Major General Samaila Uba, disclosed in a statement that investigations into the alleged coup had identified a number of officers accused of plotting to overthrow the government—conduct he said was inconsistent with the ethics, values, and professional standards expected of members of the Armed Forces of Nigeria.
He noted that investigations had been concluded and the report forwarded to the appropriate superior authority in line with existing regulations. According to him, the inquiry followed established military procedures and thoroughly examined all circumstances surrounding the conduct of the affected personnel.
Meanwhile, the Minister of Defence, General Christopher Musa (Rtd.), said the suspects must have been fully aware of the seriousness and consequences of their actions.
Speaking to a local broadcast station in Turkey during a working visit led by President Bola Ahmed Tinubu, he said the officers would have considered the implications of their decisions, including the impact on their families.
