Of alleged coup, denials and trial

After a series of denial, the Nigerian armed forces, on Monday, January 26, 2026, made a u-turn, admitting that investigations had uncovered a genuine plot to topple the government of President Bola Ahmed Tinubu. The earlier denial in October 2025 led to widespread speculation, rumours and public scepticism of the alleged plot.

In their strong denial of any plot to topple the President Tinubu government or its connection to the cancellation of Nigeria’s 65th Independence Day parade, and the arrest of military officers, the Defence Headquarters (DHQ) described it as false, misleading, baseless, mischievous and intended to create tension. Rather, it said some arrests were made as part of routine disciplinary actions for “indiscipline and breaches of service regulations.”

Penultimate Monday’s confirmation noted that a Board of Inquiry investigations by the Defence Intelligence Agency (DIA) and the Department of State Services (DSS), uncovered details of the plot, confirming that 16 officers were implicated, and that it entailed potential assassination or detention of top federal government civilian and military leaders.

The Director of Defence Information (DDI), Major-General Samaila Uba, noted in a statement that the special investigations panel “identified a number of officers with the allegation of plotting to overthrow the government, which is inconsistent with the ethics, values and professional standards required of members of the AFN.”

He added: “Accordingly, those with cases to answer will be formally arraigned before appropriate military judicial panel to face trial in accordance with the Armed Forces Act (AFA) and other applicable service regulations.”

Also, the Minister of Defence, General Christopher Musa (retd), gave reasons for the military’s initial denial of the foiled coup against President Tinubu.

During a television programme, Musa said the military needed to get verifiable facts before reporting to the public.

He said: “Once you mention coup you will not see some of these guys because they know the consequences.

“The truth is that we wanted to be sure because it was an act of indiscipline; and it is all part of it because what they did started just like that.

“It was during the investigation that these things got revealed. So it was important for us to follow the steps to ensure that what we are reporting is direct.

“This is because coup is such a serious thing that we don’t want to say this today and tomorrow we say another thing.”

Specifically, the alleged conspirators are to be prosecuted under the AFA through a court martial for military offences (mutiny). This is because under the AFA, there is no named offence called coup or attempted coup, but under section 52, there are offences of mutiny on any activity aimed to “overthrow or resist a lawful authority in the federation” with violence or threat of violence (section 52(1). This may attract death, while mutiny without violence (section 52 (2) may attract life imprisonment. This depends on the weight of proof.

Whether the alleged conspirators are going to be tried for mutiny under the AFA or treason, murder, manslaughter or treasonable felony in a civilian court, Daily Trust condemns any attempt to seize or hold power through force – whether through military coup, armed insurrection, violent occupation of government buildings, or any other extra-legal coercion, simply because it violates all the principles of democratic governance.

We believe that power must be derived only from the consent of the governed and expressed through verifiable electoral processes. We admit that democracy has its messy and frustrating forms, but no democratic defects will ever justify the exercise of power outside the constitutional means.

As part of our commitment to constitutional order, we insist that all procedural and evidentiary processes must be respected as the outcome of this case, just like the alleged plot itself, is a life and death issue.  Therefore, there is the need for an open and transparent process in the high-stakes trial which touches on national security, stability of the government and democracy. There must not be any opaque or perceived injustice, but a clear evidence of triumph of due process and rule of law.

We admit that military trials in Nigeria (and many countries) are typically conducted under service-specific procedures, which often feature more restricted access than civilian courts, but we demand that processes must be legally permissible and strongly align with democratic values. The principle of fair hearing (audi alteram partem – “hear the other side”) – must be adhered to in the upcoming trial.

Nigeria’s 1999 Constitution (as amended) enshrines the right to fair hearing in section 36. And it applies to all citizens, both in civilian and military proceedings.

So, there should be a right to public trial; presumption of innocence until proven guilty; provision of adequate time and facilities to prepare a defence and opportunity to present evidence, call witnesses and cross-examine prosecution witnesses; access to legal representation (including at public expenses if needed); and an impartial and independent court martial.

This is more so as it is a novel case in which military officers and civilian collaborators are to face charges of plot to “overthrow” a constitutional order under a democratically elected civilian government. Care should be taken to ensure that the proper precedent is set in terms of due process, judicial safeguards and rule of law. Indeed, justice must be served.

We also note that the Presidency and military’s handling of communication over the alleged plot, from initial denials to confirmation, leaves much to be desired. The inconsistencies in what the public knew about the case are just too numerous to ignore. The country can do with greater openness moving forward in order to effectively address public concerns. We also implore the military authorities to apologise to Nigerians for their earlier denial as part of citizens’ quest for greater openness from Nigerian security institutions. There should be accountability for misinformation as the military reforms its communication strategies.

We also urge politicians to pay attention to the underlying issues of economic inequality, security challenges and democratic backsliding as these invite instability within the democratic system. They should also emphasise and exhibit personal responsibility, ethical behaviour and effective leadership that prioritise good governance and strengthen democratic institutions.

In the same vein, the military should again publicly pledge that proceedings will follow due process and guarantee fairness, impartiality and respect for the rights of the accused, in line with military and Nigerian laws and international standards. Any deviation could undermine the process, invite legal challenges and lack of public support.

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