Osun Lawmaker Sues Nigerian Military Over Alleged Coup Plot

A member of the Osun State House of Assembly, Mr Kanmi Ajibola, has instituted legal action against the Nigerian military over an alleged attempted coup to overthrow the current democratic government and forcefully remove elected officials, including President Bola Tinubu.

Ajibola, who represents Oriade Constituency and is a former Chairman of the Nigerian Bar Association (NBA), Ilesa Branch, filed the suit on Thursday at the Federal High Court, Osogbo. The defendants in the case include the Nigerian Army, the Nigerian Air Force, the Nigerian Navy, and the Attorney-General of the Federation.

In a 23-paragraph affidavit attached to the originating summons, the lawmaker argued that no provision in the 1999 Constitution or the Armed Forces Act empowers the military to take over civil governance.

“There is nowhere in the Constitution or any Act of the National Assembly where the military is authorised to take over civil rule,” Ajibola stated.

Citing Section 217(2) of the Constitution, which outlines the functions of the armed forces, he maintained that the duties of the military are restricted to defending Nigeria from external aggression, maintaining territorial integrity, and supporting civil authorities when called upon.

“The functions of the military are clearly spelt out. At no point does the law confer on them the power to seize government or act beyond the scope of their constitutional mandate,” he submitted.

The lawmaker urged the court to declare that the Nigerian Armed Forces are constitutionally bound to obey Sections 1(2), 150, and 217 of the 1999 Constitution, as well as Sections 1(3–5) of the Armed Forces Act. He also asked for a perpetual injunction restraining the armed forces from attempting to take over power or governance in any form.

Describing the recent alleged coup plot as a “bad omen” and “a slap in the face of true democrats,” Ajibola said the episode was a reminder of Nigeria’s painful history with military rule.

He noted that those reportedly involved in the incident appeared to be operating under “a wrong and dangerous assumption” that the military still has the authority to usurp power from a democratically elected government.

“As a Nigerian citizen and a lawyer who has fulfilled his civic duties, I am obligated to challenge any unconstitutional conduct that threatens our democracy,” he declared.

The case, which has generated growing public interest, is expected to test the judiciary’s stance on the recurring debate around military involvement in civil governance in Nigeria.