…Says No Law Empowers Military to Overthrow Government
PoliticsNigeria has taken to its online handle and announced that, a member of the Osun State House of Assembly, Hon. Kanmi Ajibola, has dragged the Nigerian Armed Forces before the Federal High Court in Osogbo over the recent alleged coup plot against President Bola Ahmed Tinubu’s administration.
Ajibola, who represents Oriade State Constituency, filed the suit on Thursday, October 30, 2025, naming the Nigerian Army, Navy, Air Force, and the Attorney-General of the Federation as defendants.
A legal practitioner and former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, Ajibola is asking the court to declare that no section of the 1999 Constitution or any law enacted by the National Assembly grants the military the authority to overthrow a democratically elected government.
‘Coup Has No Place in Nigerian Law’ — Ajibola
In a 23-paragraph affidavit attached to the originating summons, the lawmaker cited Section 217(2) of the Constitution, which outlines the constitutional duties of the Armed Forces, emphasizing that the military’s role is limited to defending Nigeria’s sovereignty and territorial integrity — not assuming political control.
“There is no provision in the Constitution, the Armed Forces Act, or any other law of the National Assembly empowering the Nigerian military to forcefully take over governance,” Ajibola stated.
He urged the court to issue a perpetual injunction restraining the Armed Forces — whether through their officers, agents, or proxies — from attempting to seize power or interfere with civilian rule by any unconstitutional means.
‘A Dangerous Signal to Democracy’
Citing Sections 1(2), 150, and 217 of the Constitution, along with Sections 1(3–5) of the Armed Forces Act, Ajibola argued that the subordination of the military to civil authority is an unambiguous constitutional demand that must be upheld at all times.
He described the reports of a recent coup attempt as “a dangerous signal” and “a slap in the face of all patriots and democrats” who fought for the return of civilian rule in Nigeria.
> “It is disturbing that some officers still harbour the illusion that they can take over power by force,” he said. “This mindset undermines our Constitution and decades of democratic struggle.”
Legal analysts say Ajibola’s suit could become a landmark case reinforcing civilian supremacy over the military, especially at a time when rumours of discontent within the armed forces have raised public anxiety.
The court is expected to fix a hearing date soon.
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